Appellate

  • September 25, 2026

    Clothing Co. Settles TM Suit With Chinese Seller After Appeal

    A clothing company has settled its counterfeiting lawsuit against a Chinese e-commerce seller after the Seventh Circuit revived the dispute in May, directing a lower court to determine if the rules of The Hague Service Convention apply and prohibit the email service of the complaint.

  • September 25, 2026

    Fla. Panel Rejects Punitive Damages In Fatal Truck Crash Suit

    A Florida state appellate court on Friday rejected a bid by two families to add punitive damages in their lawsuit alleging that a semitruck driver caused a crash that killed a young couple, finding no error by the lower court.

  • September 25, 2026

    Verdict Axed Over Injured Homeowner's Absence At Trial

    A Florida appellate panel on Friday said a homeowner is owed a new jury trial in an insurance dispute over coverage for losses from a plumbing incident, finding a lower court should have declared a mistrial when the homeowner was seriously injured and unable to attend the trial.

  • September 25, 2026

    2nd Circ. Rules $7.25M Mansion Belongs In Guo's Ch. 11

    The Second Circuit on Friday upheld a Connecticut bankruptcy court decision that folded a $7.25 million mansion into the Chapter 11 estate of convicted fraudster Miles Guo, turning away his wife's argument that she actually controlled the property's corporate owner.

  • September 25, 2026

    Full 2nd Circ. Won't Revisit Rejection Of Feds' No-Bond Policy

    The en banc Second Circuit on Friday denied a request by the Trump administration for the full court to rehear a unanimous panel decision rejecting the government's argument that noncitizens who entered the U.S. unlawfully aren't eligible for bond.

  • September 25, 2026

    Google Win Over Online Ad Patent Case Upheld By Fed. Circ.

    The Federal Circuit on Friday refused to revive an advertising management system company's infringement suit against Google and YouTube, agreeing with a California federal judge's finding that the claims at issue were invalid under the U.S. Supreme Court's Alice precedent.

  • September 25, 2026

    Pitt Can't Sue Marshall U. In College Football Hosting Spat

    West Virginia's constitution does not allow the University of Pittsburgh to haul Marshall University into a Pennsylvania court for a dispute over a canceled college football game, a Keystone State appellate panel ruled Thursday.

  • September 25, 2026

    Mass. Man Can Try To Undo Plea Over DA Misstatements

    Massachusetts' intermediate appeals court on Friday gave a man a chance to withdraw his guilty plea to an alleged 1999 rape, citing evidence that a prosecutor gave his plea counsel a misleading summary of the DNA evidence.

  • September 25, 2026

    Unions Urge 2nd Circ. To Back Reviving Uber, Lyft Driver Law

    A group of unions and workers' rights advocates has asked the Second Circuit to lift the block on a municipal ordinance banning Uber and Lyft from kicking drivers out of the app without a formal notice or an investigation, claiming the district court was wrong to stop the law.

  • September 25, 2026

    Supreme Court Revives DHS Voter Citizenship Database

    The Trump administration can reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's midterm elections, the U.S. Supreme Court ruled Friday.

  • September 25, 2026

    DC Circ. Denies Anthropic's Security Risk Suit Against DOD

    A divided D.C. Circuit panel ruled Friday the Pentagon was justified in citing national security concerns to exclude Anthropic's suite of Claude artificial intelligence models from its supply chain.

  • September 24, 2026

    Jurisdictional Skepticism Puts Eli Lilly Appeal On Thin Ice

    Eli Lilly & Co.'s bid to unwind the U.S. Food and Drug Administration's refusal to classify a developing obesity treatment as a biological product appears to suffer from jurisdictional issues that might sink the company's appeal before its resolved, a Seventh Circuit judge signaled Thursday.

  • September 24, 2026

    Split Texas Court Finds Counsel Failures In Fatal Crash Case

    The Texas Court of Criminal Appeals on Thursday vacated the felony murder conviction of a man involved in a deadly police-pursuit crash, saying in a split habeas opinion that his trial counsel was ineffective.

  • 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.

Expert Analysis

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

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