Appellate

  • 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 on Thursday 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 Thursday 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.

  • September 24, 2026

    New Eastern La. Judge's 5th Circ. Bid Goes To Full Senate

    U.S. District Judge Anna St. John of the Eastern District of Louisiana, who was confirmed to her current post in March, is one step closer to being elevated to the federal appeals bench.

  • September 23, 2026

    7th Circ. Skeptical Of UP's Temporal BIPA Contractor Argument

    A Seventh Circuit panel seemed skeptical Wednesday that a government contractor exception in Illinois' biometric privacy law should be applied through a temporal test to determine whether such a contract's mere existence is enough to excuse defendants from the statute's informed consent requirements.

  • September 23, 2026

    Nestle Asks Justices To Review 'Sustainable' Cocoa Classes

    Nestle asked the U.S. Supreme Court to review a divided Ninth Circuit decision upholding class certification of millions of consumers who bought chocolate labeled "sustainably sourced" in a lawsuit claiming the chocolate is produced through child labor and deforestation.

  • September 23, 2026

    9th Circ. Backs Delta Immunity Over In-Flight Restraint

    Airlines are broadly immune from civil litigation when they report to law enforcement a passenger behaving suspiciously, the Ninth Circuit ruled Wednesday, ending litigation by a passenger who secured a $7 million verdict against Delta Air Lines after a jury found he had not behaved suspiciously and that flight staff had caused him to be injured.

Expert Analysis

  • 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.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

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