Appellate

  • August 31, 2026

    9th Circ. Faults Notice Errors In Jamaican's Deportation Case

    A Jamaican citizen's due process rights were violated when the federal government failed to properly notify him about its appeals of decisions granting him withholding of removal, the Ninth Circuit ruled, noting that he's been in immigration detention since 2021.

  • August 31, 2026

    Fla. Panel Urges Justices To Revisit Theft-Valuation Precedent

    A Florida appellate panel has urged the state's highest court to rethink how the value of stolen items is calculated, saying a nearly 50-year-old precedent has struggled to account for depreciation in electronic items and led to numerous overturned grand-theft convictions.

  • August 31, 2026

    Rising Star: Ahmad Zavitsanos' Kelsi Stayart White

    In the past year, Ahmad Zavitsanos & Mensing PLLC partner Kelsi Stayart White beat a $14 million lawsuit with a novel procedural argument and set precedent on civil barratry claims while winning a case before the Texas Supreme Court, earning her a spot as one of the appellate attorneys under age 40 honored by Law360 as Rising Stars.

  • August 31, 2026

    Ga. Appeals Court Finds Facebook Evidence Error Harmless

    The Georgia Court of Appeals upheld the denial of a new trial for a man convicted of home invasion and other offenses tied to the attack of an elderly man in his garage, saying the lower court allowing Facebook evidence in the case was harmless. 

  • August 31, 2026

    6th Circ. Backs $450K Punitive Award For Mich. Farmworkers

    A Sixth Circuit panel has upheld a $450,000 punitive damages award for five Guatemalan farmworkers who accused a West Michigan agricultural labor contractor and its owners of trafficking-related and wage law abuses, ruling that the award was constitutionally permissible despite the jury awarding only economic compensatory damages.

  • August 31, 2026

    Feds Say New USPS Mail-In Ballot Rule Isn't A 'Takeover'

    A new U.S. Postal Service rule compelling states to submit voters' names to the federal government and redesign envelopes in order to have mail-in ballots delivered in November imposes "modest" requirements and is not a "federal takeover of elections," the Trump administration told a Massachusetts federal judge in a weekend filing.

  • August 31, 2026

    Korean Bank Whistleblower Suit May Be Bound For Arbitration

    The Second Circuit on Monday asked if whistleblower retaliation claims by four former compliance executives at the New York arm of a Korean bank should have been sent to arbitration — and if a judge should have bothered with the bank's dismissal bid.

  • August 31, 2026

    8th Circ. Backs Social Security Disability Benefits Denial

    The Eighth Circuit affirmed the dismissal of a worker's suit challenging the Social Security Administration's denial of her bid for disability benefits, finding it was fair game for an administrative law judge to credit an agency doctor's opinion that she was more physically capable than she had claimed.

  • August 28, 2026

    'Troubled' 7th Circ. Finds No Harm From Benesch Atty Conflict

    While "troubled" by an ex-Benesch Friedlander Coplan & Aronoff LLP partner's decision to take on a client's trade secrets suit while negotiating a move from Benesch to the defendant company's outside counsel, the Seventh Circuit agreed Friday that the displeased client cannot pursue her legal malpractice claim.

  • August 28, 2026

    Patent Marking Case Will Shape License Talks And Damages

    A Federal Circuit ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages will complicate licensing talks and give defendants a route to limit or escape damages in some cases, attorneys say.

  • August 28, 2026

    25K Workers 'Out Of Luck': Feds Defend Layoffs At 9th Circ.

    The federal government Friday urged the Ninth Circuit to reverse a finding that the U.S. Office of Personnel Management wrongfully fired 25,000 probationary workers shortly after President Donald Trump took office, arguing that the OPM was operating well within its statutory authority, the district court lacked jurisdiction, and the workers are "simply out of luck."

  • August 28, 2026

    Uber Text Doesn't Bind Guest Rider To Arbitrate, DC Circ. Says

    Uber cannot force into arbitration a passenger who sued over a crash in which he was severely injured when the ride was requested by his wife since he never created an account or agreed to the ride-hailing company's terms of service, the D.C. Circuit said in a published opinion Friday.

  • August 28, 2026

    Rapper's Lyrics Rhymed With The Crimes, 8th Circ. Says

    An Eighth Circuit panel upheld the marijuana and firearms convictions of Arkansas rapper Bankroll Freddie, saying Friday his lyrics were properly allowed as evidence against him because they showed he knew drug and gun terminology.

  • August 28, 2026

    Ind. Panel Affirms $3.5M Med Mal Verdict Over Amputated Leg

    An Indiana appellate panel on Friday upheld a $3.5 million verdict — later reduced to $1.25 million — in a suit accusing a doctor of negligently causing a patient's leg amputation, rejecting the doctor's argument that an alleged juror-tampering incident led to an unfair trial.

  • August 28, 2026

    Industries, States Take Soot Rule Fight To Supreme Court

    A coalition of industry groups and 25 states led by Kentucky and West Virginia have asked the U.S. Supreme Court to review a D.C. Circuit decision that upheld a challenged rule imposing tighter nationwide limits on soot pollution.

  • August 28, 2026

    Calif. Panel Upholds Win For Dentist In Fatal Trip-And-Fall Suit

    The deletion of surveillance footage showing a woman's fatal trip and fall outside a California dentist's office was not spoliation, a state appeals court ruled Friday, calling the erasure unintentional while upholding a lower court's order ending the wrongful death lawsuit.

  • August 28, 2026

    2nd Circ. Revives FCA Overpayment Suit Against Pharmacy

    A Second Circuit panel on Friday undid a whistleblower's loss on False Claims Act allegations that AmerisourceBergen Corp.'s pharmacy business owes the government money for overpayments from federal healthcare programs for drug purchases and other services.

  • August 28, 2026

    Trump Admin Asks High Court To Uphold Trans Troop Ban

    The Trump administration urged the U.S. Supreme Court Friday to allow its ban on transgender members of the military to take full effect, arguing the policy is constitutional under the high court's developing transgender case law.

  • August 28, 2026

    11th Circ. Won't Nix Royal Caribbean Arbitration Appeal

    The Eleventh Circuit on Friday denied a bid to summarily affirm an order denying Royal Caribbean's motion to arbitration claims by passengers suing the cruise line over numerous incidents of voyeurism involving a former employee.

  • August 28, 2026

    DC Circ. Won't Revisit Threshold Issues In Spain Cases

    The D.C. Circuit on Friday denied Spain's bid to reconsider threshold issues raised in five consolidated appeals seeking to enforce arbitral awards collectively worth more than $400 million, including a question on the legal concept that a dispute might be better heard elsewhere.

  • August 28, 2026

    8th Circ. Says Alleged Parole Lies Aren't Unconstitutional

    An Eighth Circuit panel has upheld the dismissal of an Arkansas sex offender's lawsuit alleging his parole officer used a fake daycare to reject his housing plans, saying parole is not a constitutionally protected right.

  • August 28, 2026

    4th Circ. Reverses $42M Abu Ghraib Verdict Against CACI

    The Fourth Circuit on Friday reversed a $42 million jury verdict finding CACI conspired to torture Iraq War detainees, ruling on rehearing the detainees' claims must be dismissed following the U.S. Supreme Court's decision that courts can't create a private right of action under the Alien Tort Statute.

  • August 28, 2026

    Schwab Vendor Exempt From Ill. Biometric Law, 7th Circ. Says

    The Seventh Circuit agreed Friday that a vendor Charles Schwab uses to authenticate customers' voiceprints is exempt from Illinois' biometric privacy law as it refused to revive claims that the vendor illegally collected callers' data.

  • August 28, 2026

    Fed. Circ. Shifts T-Mobile Patent Settlement Fight To 5th Circ.

    The Federal Circuit on Friday sent an appeal from T-Mobile stemming from a patent litigation settlement to the Fifth Circuit, ruling that is proper because the Eastern District of Texas had jurisdiction when the appeal was filed.

  • August 28, 2026

    9th Circ. Rules Against Kalshi In Sports Wager Circuit Split

    The Ninth Circuit on Friday backed a Nevada federal court decision that cleared the way for the state's gambling regulators to pursue Kalshi's sports offerings, creating a circuit split in the sprawling litigation over prediction market regulation.

Expert Analysis

  • 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.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

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