Appellate

  • September 16, 2026

    11th Circ. Asked To Overturn $184K ACA Employer Penalty

    A commercial laundry services company asked the Eleventh Circuit to reverse a Florida federal court's ruling that upheld a $184,000 payment to the IRS under the Affordable Care Act's employer shared responsibility provisions, saying it didn't receive notice of the penalty soon enough to lodge an effective appeal.

  • September 16, 2026

    US Backs Geo's Challenge To Washington Wage Law Ruling

    The Trump administration told the U.S. Supreme Court it backs The Geo Group Inc.'s challenge to a ruling that allowed Washington state to impose its minimum wage on a voluntary work program at the company's immigrant detention facility in Tacoma.

  • September 16, 2026

    Forum Clause Doesn't Sink Yacht Builder's Fla. Suit

    A Florida appellate court revived a lawsuit from a Taiwanese yacht builder alleging its insurer has refused to indemnify the manufacturer for repairs to a vessel damaged in a fire on its way to Florida, ruling Wednesday that the policy did not require the dispute to be tried in a Taiwan court.

  • September 16, 2026

    5th Circ. Says EPA Went Too Far With Chemical Ban

    The Fifth Circuit has sided with a group of chemical companies and vacated a U.S. Environmental Protection Agency rule that banned nearly all uses of methylene chloride, saying the agency went too far in evaluating the substance as a whole instead of its uses.

  • September 16, 2026

    Alaska Airlines Can Move To Appeal Sick Leave Suit Ruling

    A California federal court has allowed Alaska Airlines to immediately appeal a ruling that the state's sick leave protection law covers its flight attendants, pausing a proposed class action while the Ninth Circuit considers a question that could determine whether the case can proceed at all.

  • September 15, 2026

    Brothers Seek Justices' Clarity After Losing Stolen Skull Suit

    Two brothers who lost their bid to hold an Illinois county liable for a former coroner's secret skull-collecting practices asked the U.S. Supreme Court Monday to use their case as the vehicle for settling a deep circuit split they say a recent Seventh Circuit ruling "cemented."

  • September 15, 2026

    DC Circ. Vexed Over Migrant Kid Sponsor Approval Timeframe

    The D.C. Circuit tore into the Trump administration Tuesday morning after a government attorney refused to answer how long an Office of Refugee Resettlement approval of a sponsor for an "unaccompanied" child lasts, even when the court whittled the time down to a matter of hours.

  • September 15, 2026

    Conn. Justices Say Detective's 'Grooming' Definition Is Harmless

    The Connecticut Supreme Court on Tuesday held that a detective's explanation of the child sex abuse term "grooming" to jurors did not taint their verdict convicting a man of raping a young girl.

  • September 15, 2026

    Fed. Circ. Denies Injunction In Firearm Trigger IP Suit

    A Wyoming federal judge properly denied Rare Breed's attempt to enjoin a rival firearms company's sales while litigating a patent infringement and false advertising suit, the Federal Circuit said Tuesday.

  • September 15, 2026

    Ohio Court Allows 18-Year Gap In Rape Prosecution

    An Ohio appeals court has ruled that a nearly 18-year delay in bringing a rape charge against a man does not violate his right to a speedy trial, because the right only begins after a defendant has been formally accused of a crime.

  • September 15, 2026

    4th Circ. Probes Party Standing Over FERC Grid Planning Rule

    The Fourth Circuit on Tuesday appeared inclined to uphold the Federal Energy Regulatory Commission's broad grid planning overhaul amid a raft of challenges from certain states, transmission providers and consumer advocates, with standing issues taking center stage.

  • September 15, 2026

    Fla. Judge Won't Pause Trump-IRS Settlement Sanctions

    The Florida federal judge who barred President Donald Trump and others from citing a settlement resolving what she characterized as a sham $10 billion case against his own Internal Revenue Service won't pause her sanctions order while the president appeals to the Eleventh Circuit.

  • September 15, 2026

    Texas Court Tosses Suit Against Broker Over Colorado Wreck

    A Texas appeals court has dismissed claims against an Indiana freight broker accused of negligently hiring a trucking company whose driver allegedly caused a crash in Colorado, saying the incident was not sufficiently tied to the broker's Texas activities.

  • September 15, 2026

    DC Circ. Queries Feds On Immigrant Truck Driver Restrictions

    D.C. Circuit judges on Tuesday questioned whether the U.S. Department of Transportation reasonably justified the safety rationale for new restrictions on commercial driver's licenses for foreign truckers or whether it disproportionately relied on individuals' immigration status to promulgate an "exclusionary" rule.

  • September 15, 2026

    4th Circ. Unsure How To Weigh NC Ban On Ballot Selfies

    A Fourth Circuit judge on Tuesday said a voter and the North Carolina State Board of Elections are arguing a tale of two cases in a free speech fight over the Tar Heel state's ban on ballot selfies, saying neither side appears to be in agreement about what level of judicial review to use.

  • September 15, 2026

    FCC Seeks Input On Disputed Political Ad Rate Policy

    Federal Communications Commission staff on Tuesday sought comment on whether to set aside earlier guidance calling for the "lowest unit" rate for committee-backed political ads as the Fourth Circuit considers a Democratic bid to force the commission to review the policy.

  • September 15, 2026

    8th Circ. Revives Doctor's Suit Over COVID Speech Probes

    An Eighth Circuit panel on Tuesday revived a doctor's suit seeking an order limiting a Minnesota state medical board's ability to investigate him for his public statements related to the COVID-19 pandemic, finding a district court "set the bar too high" at the dismissal stage.

  • September 15, 2026

    Hotels, Amadeus Defend Info Exchange Win At 7th Circ.

    Luxury hotel chains and software provider Amadeus IT Group are telling the Seventh Circuit a lower court was right to toss a case accusing the hotels of exchanging sensitive information, saying the allegations are based entirely on the use of a lawful benchmarking service.

  • September 15, 2026

    Justices Told DHS Voter Citizenship Database 'Unprecedented'

    The U.S. Supreme Court should reject the Trump administration's bid to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's election, a voting rights group told the court Tuesday, arguing that the administration unlawfully reinterpreted several statutes to claim that Congress authorized the changes.

  • September 15, 2026

    11th Circ. Upholds AIG's $1.8M Yacht Fire Coverage Loss

    An AIG unit cannot recoup $1.8 million from a dock builder and electrical subcontractor in connection with payments it made to a Florida policyholder whose yacht caught fire while plugged into a recently constructed dock, the Eleventh Circuit affirmed.

  • September 15, 2026

    South Sudan Central Bank Appeals $1B Award

    The Bank of South Sudan has asked the D.C. Circuit to review a federal judge's decision enforcing a more than $1 billion arbitral award arising from a defaulted $700 million loan from Qatar National Bank.

  • September 15, 2026

    Justices Urged To Skip 3rd Circ. Arbitration Question

    A German claims aggregator on Monday pressed the U.S. Supreme Court to decline to review a Third Circuit decision dismissing on jurisdictional grounds a bid by litigation funder Burford Capital to arbitrate a dispute relating to German antitrust litigation.

  • September 15, 2026

    NYC Asks 2nd Circ. To Greenlight Uber, Lyft Deactivation Law

    New York City has urged the Second Circuit to lift an injunction blocking a municipal ordinance prohibiting Uber and Lyft from "deactivating" drivers without formal notice and investigation, arguing that the lower court wrongly found that the companies would likely win their contract claims.

  • September 15, 2026

    NJ Court Backs Judgment Tossing Wrongful-Death Claims

    A New Jersey appeals court panel on Tuesday affirmed judgments throwing out a woman's claims that Jersey City Medical Center, RWJBarnabas Health, Emergency Medical Associates and their employees caused the death of her husband, finding that her experts failed to link their actions with his death.

  • September 15, 2026

    Meet The Attys In The 340B Battle At 1st Circ.

    Gibson Dunn and Dunn Isaacson Rhee attorneys presented arguments Tuesday at the First Circuit over whether drug manufacturers can intervene in a challenge to a now-suspended drug rebate program for hospitals. Law360 profiles the attorneys.

Expert Analysis

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

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