Appellate

  • September 17, 2026

    Sonic Wins Appeal Bid To Arbitrate Suit Over Worker's Death

    The mother of a Sonic employee who was fatally shot in 2023 must arbitrate her wrongful death suit against the restaurant, Texas appellate justices said Thursday, finding that she didn't meet her burden showing Sonic substantially invoked the court process in a way that conflicted with its right to compel arbitration. 

  • September 17, 2026

    Fed. Circ. Tosses Protest Over Navy Contract Exception

    The Federal Circuit upheld the dismissal of a protest regarding an exception the U.S. Navy created and later removed under a solicitation seeking up to $10 billion in engineering and program management services, finding much of the protest moot.

  • September 17, 2026

    Fed. Circ. Reverses Denial Of Catheter Patent Claim

    The Federal Circuit on Thursday threw out a Patent Trial and Appeal Board decision that refused to give patent protection to the first claim in an Incept LLC medical catheter patent, saying the board needs to take another look.

  • September 17, 2026

    Minn. Homeowner Asks Justices To Undo Costs Order

    A self-represented Minnesota homeowner's effort to throw out tax court order recovering a county's litigation costs in a property valuation dispute will go before the state Supreme Court, according to a writ of certiorari filed Thursday.

  • September 17, 2026

    1st Circ. Lets HUD Shift $1.3B In Homelessness Aid

    A First Circuit panel said the U.S. Department of Housing and Urban Development may redirect $1.3 billion in homelessness funding from programs that focus on permanent housing to those supporting temporary shelter and assistance, finding the Trump administration likely was not required to go through a notice-and-comment procedure.

  • September 17, 2026

    For Single-Party FTC, Easier Suits May Come With A Cost

    The Federal Trade Commission has ditched its historical multimember, multiparty ethos for a one-party regime in which fewer dissents might make it easier for Chairman Andrew Ferguson to pursue his agenda, but it also forecloses the potential "moderating influence" that comes with winning broad buy-in from commissioners of two parties.

  • September 16, 2026

    Detroit Must Face Negligence Claim Over Ambulance Crash

    Detroit must face claims that an ambulance driver negligently killed a patient he was transporting by running a red light at high speeds without emergency lights on and causing a crash that made it roll over, a Michigan state appeals court has ruled, saying a jury needs to hear the evidence.

  • September 16, 2026

    Texas Supreme Court Weighs Bankruptcy Exemption For LLC

    Texas Supreme Court justices pushed a man who declared bankruptcy to spell out why his share in a limited liability company should get exempt status, asking Wednesday if any states have ruled that interest in an LLC is exempt property during bankruptcy.

  • September 16, 2026

    3rd Circ. Says Most Strip Searches Require Warrants

    A Third Circuit panel on Wednesday ruled that police cannot conduct warrantless strip searches outside of jails or prisons absent consent or an emergency, but found that Pennsylvania officers who unconstitutionally searched a man enjoy qualified immunity from his civil rights claims because the limitation was not clearly established at the time.

  • September 16, 2026

    Texas Justices Press Mall Owner On Mass Shooting Liability

    The Texas Supreme Court justices wanted the owner of an outlet mall in Allen, Texas, that saw a devastating mass shooting to explain why a case brought by the victims should be tossed, saying Wednesday that dismissal might remove incentives for businesses to protect customers.

  • September 16, 2026

    11th Circ. Leaves Softball Coach's Sex Bias Win Intact

    The Eleventh Circuit on Wednesday upheld a $300,000 verdict for a women's softball coach who said Alabama State University suspended her due to sex discrimination, unpersuaded by the school's argument that the suspension wasn't an adequate basis for a bias claim.

  • September 16, 2026

    10th Circ. Won't Revive Doctor's Age, Sex Bias Suit

    The Tenth Circuit has backed a Utah medical clinic and hospital's win in an emergency trauma physician's lawsuit claiming she was fired because of her age and sex, ruling that the physician failed to show the clinic's reason for terminating her was pretextual.

  • September 16, 2026

    Split Conn. High Court Won't Shield Yale Accuser's Name

    In a 4-3 opinion Wednesday, the Connecticut Supreme Court said a trial judge correctly dismissed a sexual assault accuser's emergency 2024 request to remove her name from transcripts in the long-closed criminal prosecution of former Yale student Saifullah Khan, ruling the trial court lost jurisdiction after a jury's 2018 acquittal.

  • September 16, 2026

    9th Circ. Greenlights Blocking Kalshi Contracts On Tribal Land

    The Ninth Circuit on Wednesday reversed an order denying California tribes' request for a preliminary injunction seeking to block Kalshi and Robinhood from offering sports-event contracts on tribal lands, finding the tribes will likely win their Indian Gaming Regulatory Act claims, and "this is the 'stuff' of sports betting."

  • September 16, 2026

    1st Circ. Seems Torn Over Health Plan Surcharge For Smokers

    A First Circuit panel appeared divided Wednesday over whether a casino company is required to refund tobacco use fees after smokers on the company's health plan complete a tobacco cessation program.

  • September 16, 2026

    EPA's Policy Repeals May Spell Exit From Climate Regulation

    The U.S. Environmental Protection Agency's latest move to undo Biden-era greenhouse gas emissions rules lays legal groundwork for the agency to completely abandon climate change regulation, though it remains to be seen whether courts will endorse a full-blown retreat.

  • September 16, 2026

    Kroger Faces Skepticism In Bid To Slash Wash. AG's Fee Win

    A Washington appellate judge expressed skepticism Wednesday at Kroger's bid to dismiss or reduce the state's $28.4 million fee award for successfully challenging the proposed merger with Albertsons, saying Kroger doesn't know how the Washington State Attorney General's Office split the work with the lead law firm that handled the bench trial.

  • September 16, 2026

    1st Circ. Won't Upend City's Win In Firefighters' Bias Dispute

    The First Circuit on Wednesday upheld a jury's verdict in favor of Springfield, Massachusetts, in a suit brought by two Black firefighters who claimed the city stymied advancement opportunities because of their bias complaints, saying it found no issue with the way the lower court handled the trial.

  • 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. 

Expert Analysis

  • 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.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • 10th Circ. Ruling Propels Emerging 'Occurrence' Consensus

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    The Tenth Circuit recently revived the Church of Jesus Christ of Latter-day Saints' bid for insurance coverage in a sexual abuse case, continuing a trend as the second circuit court to find that, where ambiguous, the definition of "occurrence" must be interpreted in favor of coverage, say attorneys at Anderson Kill.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

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