Appellate

  • October 22, 2026

    8th Circ. Told EPA Misread Aquifer Rule For SD Uranium Mine

    Opponents of a proposed uranium mine in South Dakota told the Eighth Circuit that the U.S. Environmental Protection Agency did not deserve judicial deference regarding its reasons for exempting an aquifer from Safe Drinking Water Act protections.

  • October 22, 2026

    Feds Ask 9th Circ. To Scrap Migrant Kids' Legal Aid Injunction

    The federal government urged a Ninth Circuit panel on Thursday to let the Trump administration end legal services programs for unaccompanied immigrant minors, arguing the case is a contract dispute the court lacks authority over and the lower court is "micromanaging" the government, which "should end."

  • October 22, 2026

    5th Circ. Says Feds Liable For Hostage Death, But Cuts Award

    A Fifth Circuit panel has affirmed the government's Federal Tort Claims Act liability for the death of a kidnapping victim who was shot by an FBI agent, but held that a district court judge erred in increasing the damages award to the victim's family after the government challenged the attorney fees.

  • October 22, 2026

    Reed Smith Seeks 2nd Circ. Emergency Stay In Eletson Row

    Reed Smith urged the Second Circuit in an emergency motion to pause lower court decisions requiring the firm to turn over client files related to shipping company Eletson, saying the courts have "presumed the outcome" of a bankruptcy appeal before scheduled December oral arguments.

  • October 22, 2026

    Investor Says $68M Bulgaria Award Can't Be Nixed

    A renewable energy investor asked the D.C. Circuit to enforce a €61 million ($68 million) arbitral award it won from Bulgaria, arguing Bulgaria's accession to the European Union did not render the treaty under which that award was granted inapplicable.

  • October 22, 2026

    States Ask DC Circ. To Ban Google From Paying To Be Default

    If the D.C. Circuit doesn't ban Google from paying to be the default search engine on people's cellphones after it was found to have illegally maintained a monopoly, state enforcers say the tech titan will remain "free to buy tomorrow's defaults with the fruits of yesterday's anticompetitive conduct."

  • October 22, 2026

    Colo. Justices Skeptical Of Facility's COVID-Tied Coverage Bid

    Colorado justices expressed skepticism Thursday toward a retirement facility owner's bid for the high court to find it's owed coverage for physical damage losses sustained early in the pandemic, pressing counsel on what physical injury COVID-19 caused to the facility's property.

  • October 22, 2026

    6th Circ. Says Gang Member Can't Nix Group Chat Warrant

    The Sixth Circuit has ruled that a man convicted for his role in a gang kidnapping did not have a reasonable expectation of privacy in an Instagram group chat log seized from another street gang member, so he could not challenge search warrants for other members' social media accounts.

  • October 22, 2026

    Aeropostale Shopper Can Amend Discount Suit, 9th Circ. Says

    A divided Ninth Circuit panel gave an Aeropostale customer another chance to lay out her claim that the clothing brand's allegedly false discount scheme violated Washington state law, ruling in an unpublished opinion Wednesday that the customer can amend her complaint that she paid too much for a pair of leggings.

  • October 22, 2026

    X Wins Reversal Of $8.3M Boulder Office Rent Judgment

    A Colorado Court of Appeals panel unanimously reversed an $8.3 million judgment against social media company X Corp. in favor of its former landlord after the panel found Thursday that the lower court incorrectly interpreted a contract provision outlining the distribution of a nearly $5.8 million tenant improvement allowance.

  • October 22, 2026

    Roundup MDL Atty Fund 'Cries Out' For Review, 9th Circ. Told

    Plaintiffs' firms urged the Ninth Circuit to reverse a ruling Thursday requiring them to contribute 8% of their recovery fees to a common benefit fund in multidistrict litigation over Monsanto's Roundup weed killer, arguing the judge ignored a special master's recommendation and the issue "cries out for some appellate supervision."

  • October 22, 2026

    Conn. Justices Seek To Define 'In Custody' For Habeas Cases

    The Connecticut Supreme Court wrestled Thursday with the definition of the term "in custody" for purposes of habeas jurisdiction, with multiple justices asking the state to clarify when a person's liberty has been restricted enough that a judge can hear his or her claims for relief.

  • October 22, 2026

    BNSF Can Keep Trial Win In Worker Injury Suit, Panel Says

    A Missouri appellate court on Wednesday affirmed a defense verdict for BNSF in an injury lawsuit accusing the railroad of causing a worker's injury through negligence, saying certain jury instructions were not improper.

  • October 22, 2026

    Voltage Can't Keep Shoals ITC Appeal Alive At Fed. Circ.

    The Federal Circuit on Thursday allowed Shoals Technologies Group LLC to drop its appeal of a U.S. International Trade Commission decision that Voltage LLC didn't infringe its solar power patent after prevailing in another case, even though Voltage opposed the dismissal request.

  • October 22, 2026

    9th Circ. Affirms Verdict Clearing Shyamalan Of Infringement

    The Ninth Circuit on Thursday upheld a jury's decision clearing Apple Inc. and filmmaker M. Night Shyamalan of allegations that they stole an independent filmmaker's work for the Apple TV show "Servant," rejecting arguments of improper jury instructions.

  • October 22, 2026

    6th Circ. Weighs Ford's $13M Trade Secrets Verdict

    A panel of the Sixth Circuit on Thursday questioned whether Ford should have to surrender $13.2 million in profits from a vehicle interface module after a jury found the automaker misappropriated a supplier's trade secrets, pressing attorneys on whether the award improperly included profits generated by features unrelated to the disputed technology.

  • October 22, 2026

    6th Circ. Backs Insurance Co. In Shipwreck Benefits Fight

    The Sixth Circuit backed an insurance company's win in a dispute over prejudgment interest connected to life insurance proceeds from an individual who disappeared after his fishing vessel shipwrecked off the Florida coast, holding a lower court properly denied an estate-side request for relief in the case.

  • October 22, 2026

    Mushroom Farm Arbitration Stance Perplexes Wash. Justices

    Washington Supreme Court justices struggled Thursday with a mushroom grower's argument that a lower court correctly forced workers to arbitrate claims that they were wrongfully terminated for organizing, questioning whether the farm's change in ownership just before the firings had any bearing on the disputed arbitration clause.

  • October 22, 2026

    Full 9th Circ. Won't Review Surgical Robot Antitrust Fight

    The full Ninth Circuit declined to reconsider an appellate panel's recent decision reviving a surgical repair company's antitrust suit alleging Intuitive Surgical blocked third parties from supplying parts for its popular da Vinci surgery robot, according to an order issued Thursday.

  • October 22, 2026

    J&J Says Justices' Denial Backs Tossing Fee Suit At 3rd Circ.

    Johnson & Johnson told the Third Circuit Thursday that the U.S. Supreme Court's recent decision not to take up a group of executives' federal benefits dispute backed its position in an appeal from J&J workers who alleged their health plans were saddled with excessive prescription drug fees.

  • October 22, 2026

    Fla. High Court Clarifies Proof Rule In ICWA Custody Cases

    The Florida Supreme Court on Thursday upheld a decision terminating a mother's custody of her Native American daughter, ruling in an opinion that lower courts don't have to use an evidence standard under the federal Indian Child Welfare Act in parental rights cases. 

  • October 22, 2026

    Zurich Gets 11th Circ. To Shrink Solar Co.'s Coverage Win

    Zurich American Insurance convinced the Eleventh Circuit on Thursday to narrow First Solar Electric LLC's $12.2 million jury win in a coverage dispute over rain damage, but the appeals court backed the bulk of damages awarded to the Georgia solar farm.

  • October 22, 2026

    FTC's Meador Questions 'Reliance' On Hovenkamp Treatise

    Federal Trade Commission member Mark Meador vouched Thursday for an "aggregation" theory of antitrust violations that can combine conduct that may not be anticompetitive individually, in a Houston speech that also took direct aim at a foundational academic treatise of modern competition law.

  • October 22, 2026

    NJ Panel Lets Nursing Home Arbitrate Resident Death Suit

    A New Jersey state appeals court on Thursday declined to disturb an order forcing a widow to arbitrate medical negligence and wrongful death claims against a nursing home, agreeing it didn't waive its right to arbitration by participating in litigation for over a year.

  • October 22, 2026

    Fla. Justices Say Presuit Notice Requirement Isn't Retroactive

    A Florida statute requiring policyholders to notify state regulators before filing suit against an insurer does not apply retroactively to policies purchased before the law went into effect, the Florida Supreme Court ruled Thursday.

Expert Analysis

  • When Insurer Insolvency Won't Trigger Excess Coverage

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    With its recent decision in A.R. Wilfley v. National Union Fire Insurance, the Colorado Supreme Court joins a growing national consensus enforcing clear and unambiguous anti-drop-down policy language in umbrella and excess policies, says Michael Kotula at Rivkin Radler.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

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    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • What $5.7B Apple Verdict Reveals About Patent Risk

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    A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependent on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

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    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • What Colo. High Court Will Weigh In Insurer Disclosure Case

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    In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

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    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • Preventing HOA Bias After Wash. Ruling Highlights Risk

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    Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • 5 Prediction Market Queries For Every League, Athletic Dept.

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    The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

  • Tips For Employers As Calif. Court Limits Harassment Liability

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    Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.

  • What CMS Audit Rule Means For Medicare Advantage Plans

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    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • SEC's Insider Trading Duty Rule May Face Loper Bright Test

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    In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.

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