Appellate

  • September 21, 2026

    Due Process Not Limited In Bond Hearing Suit, 9th Circ. Says

    The Ninth Circuit held in a published opinion Monday that a certified class of asylum-seekers apprehended well within the U.S. border can challenge their detentions, rejecting the government's contention that the U.S. Supreme Court limited their due process rights.

  • September 21, 2026

    Rude Comments Fall Short Of Stalking, Fla. Panel Says

    A Florida appeals court has ruled there was insufficient evidence to sustain a stalking injunction against a woman who was described as "bullying" her neighbor by making mean comments about the neighbor's weight and a disability.

  • September 21, 2026

    Colo. Justices Say Insolvency Can't Trigger Excess Coverage

    The Colorado Supreme Court ruled that an umbrella or excess policy issuer isn't liable to drop down and provide first-dollar coverage when a scheduled underlying insurer becomes insolvent, according to the justices' opinion, issued Monday.

  • September 21, 2026

    2nd Circ. Skeptical Of Fired United Worker's Grievance Claim

    The Second Circuit gave a cool reception Monday to a former United Airlines employee's attempt to force arbitration of a grievance over his firing after a Teamsters local declined to pursue it, with judges suggesting it was the union's right to advance the claim as it saw appropriate.

  • September 21, 2026

    3rd Circ. Upholds 'Pattern' Penalty For Child Rapist

    The Third Circuit ruled Monday that a Pennsylvania man who kidnapped and sexually abused a child multiple times qualifies for a pattern crimes enhancement, ruling that although the crimes occurred over a matter of hours, they qualified as separate events.

  • September 21, 2026

    4th Circ. Won't Rethink Cutting $22M Wells Fargo Judgment

    The Fourth Circuit declined Monday to reconsider its decision cutting nearly $2.9 million from a former Wells Fargo employee's $22 million jury award and overturning portions of the verdict in his disability discrimination suit against the financial giant.

  • September 21, 2026

    FERC Wrongly Segmented Pipeline's Water Eval, DC Circ. Told

    Environmental groups have told the D.C. Circuit that the Federal Energy Regulatory Commission botched its analysis of the effects of a Williams Cos. unit's pipeline expansion project on streams and other aquatic resources in Virginia and North Carolina.

  • September 21, 2026

    Ill. Panel Says News Report Bars Law Firm's FCA Suit

    An Illinois appellate court on Friday upheld the dismissal of a whistleblower lawsuit brought by Forde & O'Meara LLP accusing a company of secretly assigning its interests in unpaid state bills to unapproved entities to duck taxes, agreeing that a prior public disclosure of the alleged scheme in a news report bars the firm's claims.

  • September 21, 2026

    Colo. Justices Uphold Ski Waiver Ruling Against Snowboarder

    A snowboarder released his claims against a ski resort and employee when he signed an online liability waiver to buy a season pass while his injury suit was still active, the Colorado Supreme Court ruled Monday, handing down a decision in a closely watched case for the state's ski industry.

  • September 21, 2026

    Mass. Court Affirms Toss Of Gun Evidence In 22-Judge Ruling

    An evenly split Massachusetts Appeals Court on Monday let stand a judge's suppression of a gun found by Boston police officers during an inventory search prior to a vehicle being towed, in a rare ruling involving all but three of the intermediate appellate court's 25 judges.

  • September 21, 2026

    Ill. Court Won't Undo $41M Stroke Malpractice Verdict

    An Illinois appeals panel won't upend a $41 million verdict against OSF Healthcare System in a suit over a man's debilitating stroke, saying Illinois law tolls the statute of limitations based on the plaintiff's disability, regardless of if his wife or attorneys could have filed suit.

  • September 21, 2026

    Fed. Circ. Says Profit Measurement Patents Ineligible

    The Federal Circuit on Monday said claims in a trio of patents relating to management profit measures were not patent-eligible, handing a win to software company Teradata Operations Inc. and industrial supply business W. W. Grainger Inc. in a suit accusing them of infringement.

  • September 21, 2026

    Ohio Justices Nix Data Center Voter Poll Over Citizen Suits

    The Ohio Supreme Court has rejected a proposed ballot question that would change the zoning code in Wilmington, Ohio, and expand residents' lawsuit powers to enforce standards for data center developments, in a decision following a proposed $4 billion Amazon Web Services project in the area.

  • September 21, 2026

    Varian, Gov't Appeal Foreign Dividend Decision To 9th Circ.

    Varian Medical Systems Inc. is appealing a U.S. Tax Court decision that it owes more than $7.2 million to the Internal Revenue Service as a result of the court limiting its deemed dividends deduction, while the government is also appealing, according to filings in the Ninth Circuit.

  • September 21, 2026

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

    FedEx has asked the U.S. Supreme Court to review the Sixth Circuit's decision to revive two proposed class actions alleging Kellogg's and FedEx's outdated actuarial assumptions shortchanged joint-and-survivor benefits for retirees, claiming the circuit court's "erroneous" interpretation of federal benefits law warrants high court review.

  • September 21, 2026

    2nd Circ. Seems Hesitant To Kick PwC Bias Suit To Arbitration

    The Second Circuit appeared skeptical Monday of PricewaterhouseCoopers LLP's push to compel arbitration of a former worker's suit alleging discriminatory harassment, with one judge saying the company is advocating for an "extraordinary understanding" of a 2022 law barring mandatory arbitration of sexual harassment claims.

  • September 21, 2026

    Minn. Tax Court Correct On Childcare Break, Justices Told

    A Minnesota childcare center was entitled to judicial review of the denial of a property tax exemption despite failing to meet an initial deadline, it told the state Supreme Court, urging the court to uphold a state tax court decision that allowed the break.

  • September 21, 2026

    IRS Asks 5th Circ. To Pause Microcaptive Rules Case

    The IRS asked the Fifth Circuit to stay briefing in a global tax services provider's bid to revive its challenge to the agency's reporting rules for microcaptive insurance companies pending the resolution of a related case before the appeals court.

  • September 21, 2026

    2nd Circ. Gives Ex-LVMH Atty A New Shot At Retaliation Case

    The Second Circuit on Monday reinstated retaliation claims brought by a former LVMH attorney who alleged that the French luxury brand fired her for reporting sexual misconduct, concluding that her refusal to engage in settlement discussions could constitute legally protected activity.

  • September 21, 2026

    Immigration Board Suspends Atty Who Didn't Answer Notice

    A federal immigration appeals board suspended a Colorado-based attorney from practicing before it for one year after she did not respond to a discipline request filed after she was suspended from practicing in Washington state.

  • September 18, 2026

    Ex-DOJ Chief Lambastes 'Abuses Of Power' In Goldstein Case

    The U.S. Department of Justice constantly made false statements in its criminal case against famed appellate advocate Tom Goldstein, and his convictions must be erased because "prosecutorial misconduct pervaded every stage of the proceedings," a former DOJ prosecutor told the Fourth Circuit.

  • September 18, 2026

    Split 7th Circ. Rejects NLRB's Bid To Reinstate Union

    A split Seventh Circuit panel upheld a decision denying the National Labor Relations Board's bid to reinstate a truck-seller's union, with the majority finding that the union hasn't shown irreparable harm justifying such "extraordinary relief," while a dissenting judge criticized the majority for making harm nearly impossible to show.

  • September 18, 2026

    2nd Circ. Says No Surprises Act Limits Private Right Of Action

    The Second Circuit on Thursday held that the No Surprises Act does not provide a private right of action for enforcing out-of-network billing dispute resolution awards, finding that Congress intended for such awards to be enforced via administrative action, not private litigation.

  • September 18, 2026

    3rd Circ. Says SBA Can Deny Excess PPP Loan Forgiveness

    A New Jersey car dealership that exceeded the federal limit on Paycheck Protection Program loans early in the COVID-19 pandemic is not entitled to partial loan forgiveness, the Third Circuit ruled Friday, holding that the Small Business Administration acted within its authority when it denied the company's relief bid.

  • September 18, 2026

    Colo. Judge Mulls Sanction For Hospital In Gender Care Suit

    Transgender adolescent patients of Children's Hospital Colorado told a state judge the court must sanction the hospital for refusing to resume providing gender-affirming medical care for transgender youth patients, saying Friday that "nothing has changed" since the patients filed their January lawsuit.

Expert Analysis

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

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