Appellate

  • October 13, 2026

    BREAKING: High Court To Consider DOGE FOIA Dispute

    The U.S. Supreme Court announced Tuesday it will review the D.C. Circuit's decision to greenlight limited discovery aimed at determining whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act.

  • October 13, 2026

    BREAKING: Justices Won't Eye 'Weaponized' Sanctions Of Election Attys

    Despite outrage among Ninth Circuit conservatives, the U.S. Supreme Court declined Tuesday to scrutinize six-figure sanctions of lawyers who challenged Arizona election protocols, leaving intact discipline designed to "send a message."

  • October 13, 2026

    Supreme Court Won't Weigh Employer Knowledge OT Defense

    The U.S. Supreme Court on Tuesday declined to review whether an employer owes overtime pay if it did not have knowledge that the worker was putting in the extra hours, avoiding reconsideration of a Fifth Circuit ruling in a wage case against the Texas Farm Bureau.

  • October 13, 2026

    Justices Turn Away Ex-Ruby Tuesday Execs' Benefits Case

    The U.S. Supreme Court on Tuesday rejected former Ruby Tuesday executives' bid for review of their claims that Regions Bank underpaid them after their deferred compensation benefits were liquidated in bankruptcy, turning away a case the ex-executives said presented a circuit split.

  • October 13, 2026

    Justices Won't Review Ohio's Out-Of-State Wine Sales Law

    The U.S. Supreme Court refused on Tuesday to review a Sixth Circuit ruling that found Ohio's law banning the shipment of wine to consumers in the state by out-of-state retailers is unconstitutional.

  • October 13, 2026

    BREAKING: Justices To Weigh If Cooking For Terrorists Bars Asylum

    The U.S. Supreme Court on Tuesday said it will review whether a Nigerian man's short stint as a cook for a terrorist group constituted "material support" that would render the already-deported man ineligible for asylum.

  • October 09, 2026

    5th Circ. Judges Clash Over Trans Restroom Photo Case

    A split Fifth Circuit on Friday declined to rehear a preliminary injunction bid in a case challenging the constitutionality of enforcing a Texas privacy law against a plaintiff who tweeted a photo of a trans woman in a bathroom, spurring three judges to author contentious concurring and dissenting opinions.

  • October 09, 2026

    9th Circ. Sides With Forest Service In Idaho Project Suit

    The Ninth Circuit on Friday reversed a lower court's finding that the U.S. Forest Service ran afoul of the National Forest Management Act when it approved an Idaho project, ruling the court erred when analyzing the project's compliance with limits on road construction in areas in and around bear habitat.

  • October 09, 2026

    Calif. Commission Bumps Up 3 Judges To Appellate Posts

    California's Commission on Judicial Appointments voted to elevate three Superior Court judges to state appellate court positions in Los Angeles and Santa Ana, the commission announced Friday.

  • October 09, 2026

    Iberdrola Loses Bid To Revive Mass. Power Plant Fraud Suit

    A New York appellate court has declined to revive an Iberdrola unit's lawsuit accusing the funders of a Massachusetts power plant project of tricking the energy company into largely completing construction before interfering in the contract to avoid funding the work.

  • October 09, 2026

    Texas Homeowners Lose Appeal In Harvey Flood Suit

    A Texas appellate court ruled Friday that the companies behind a housing development had no duty to prevent the catastrophic flooding associated with Hurricane Harvey, handing a defeat to homeowners in a suit that appeared to pose a novel issue given the historic storm.

  • October 09, 2026

    Cities Ask Justices To Undo Texas-DOJ Immigration Rule Deal

    Democracy Forward Foundation and several cities asked the U.S. Supreme Court on Friday to stay a district court's approval of a deal Texas and the Trump administration struck to vacate a Biden-era rule allowing immigration courts to temporarily close cases.

  • October 09, 2026

    Expert's Failure To Identify Doctors Dooms Texas Med Mal Suit

    A Texas appellate court has tossed a medical malpractice lawsuit accusing three doctors of failing to diagnose a woman's brain cyst, holding that the plaintiff's expert report failed to identify which physicians allegedly caused the woman's injuries.

  • October 09, 2026

    Pot Farm Seeks Review Of 6th Circ. Federal-Illegality Ruling

    A Michigan cannabis farm is asking the Sixth Circuit to reconsider a recent holding that contracts in the federally illegal marijuana industry are unenforceable, saying the ruling would cause "unimaginable instability" in jurisdictions with legalized cannabis.

  • October 09, 2026

    Atty Wrongly Axed CitiMortgage Suit, Clients Tell NC Justices

    A couple asked the North Carolina Supreme Court to revive their lawsuit against CitiMortgage Inc., claiming their attorney permanently dismissed their claims without their permission when they had agreed only to a dismissal that would allow them to refile.

  • October 09, 2026

    Pa. Justices Won't Extend Deadline For 'Skill Games' Removal

    The Pennsylvania Supreme Court has denied a request from three state lawmakers and a group of "skill games" operators to extend the deadline for businesses to remove devices that the high court recently deemed illegal slot machines.

  • October 09, 2026

    11th Circ. Orders Resentencing Under New Robbery Rule

    The Eleventh Circuit has ruled that a man convicted of robbing two auto parts stores should be resentenced because changes in the federal sentencing guidelines retroactively updated language relating to the physical restraint of a victim.

  • October 09, 2026

    DirecTV, AGs Can't See Nexstar-Tegna Benefits Yet

    A California federal magistrate judge refused to make Nexstar and Tegna explain how their $6.2 billion merger will boost local news against streaming competition and accelerate technological transition, rejecting as premature a motion to compel from DirecTV and the bipartisan coalition of state attorneys general challenging the deal.

  • October 09, 2026

    Mass. Court Hints At 2nd Look Of $165M Insurance Judgment

    Massachusetts' highest court hinted Friday that it could order a judge to show how she calculated the restitution included in a $165 million judgment against three UnitedHealth-owned companies for deceptive marketing practices.

  • October 09, 2026

    ERISA Recap: 6 Notable Decisions From September

    The Tenth and Seventh circuits issued published opinions in two union retirement disputes, while the Sixth Circuit found that the Commonwealth of Kentucky's lawsuit against pharmacy benefit managers does not belong in state court, citing colorable federal preemption arguments. Here's more on those decisions and three other notable rulings involving the Employee Retirement Income Security Act that came down in September.

  • October 09, 2026

    Feds Again Turn To 9th Circ. In Fight Over ICE Facility

    The Trump administration said Friday it will ask the Ninth Circuit to overturn a trial court decision requiring ICE to give independent monitors access to conduct inspections and electronic records for detained immigrants at a lockup in Adelanto, California, where a judge has twice called for conditions to be improved.

  • October 09, 2026

    11th Circ. OKs Experience-Based Price For Fla. Bar Exam

    Florida can continue to charge "experienced" attorneys more money to sit for the state's bar exam than recent law school graduates, after the Eleventh Circuit on Friday rejected a lawsuit claiming the policy violates the Commerce Clause by discriminating against out-of-state attorneys.

  • October 09, 2026

    11th Circ. Tosses Crash Award Over Doctor Testimony

    The Eleventh Circuit on Friday threw out a roughly $400,000 damages award a trucking company was ordered to pay to a victim of a crash with one of its drivers, saying the lower court didn't issue a clear enough ruling on the testimony from her physician.

  • October 09, 2026

    Up Next At High Court: Criminal Sentences & Video Privacy

    The U.S. Supreme Court will close out its October sitting by hearing oral arguments in two cases that ask what level of deference federal district courts should give to commentary interpreting the federal sentencing guidelines, and what purchases are protected under a video consumer privacy statute.

  • October 09, 2026

    Gov't Can't Raise New Line In $16M Tax Suit, Founder Says

    The government cannot use a postargument letter to introduce a new argument in a dispute with the founder of Buy.com over his nearly $16 million tax bill, he told the Tenth Circuit.

Expert Analysis

  • Fighting Class Cert. In Wash. False Email Promo Cases

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    Retailers facing a recent wave of class actions alleging their email promotions violated the Washington Commercial Electronic Mail Act may be able to demonstrate that sending individualized, customer-specific messages produced experiences too diverse to be adjudicated on a classwide basis, say attorneys at Benesch.

  • Calif. Decision Shows Limits Of Self-Serving Testimony

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    A California appellate court's recent opinion in a dispute between two home renovation partners is a reminder that where there are admissions or undisputed documentary evidence, litigants need more than self-serving testimony to overcome summary judgment, says Tyler Palmer at Tucker Ellis.

  • Where The 3 Prediction Market Appellate Rulings Diverge

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    Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.

  • Health Plan Takeaways After 2nd Circ. No Surprises Act Ruling

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    While the Second Circuit's recent ruling in East Coast Advanced Plastic Surgery v. Cigna gives health plans breathing room in finding that healthcare providers cannot enforce out-of-network billing dispute resolution awards in court, sponsors should not assume that declining to pay awards will go unaddressed by regulators, say attorneys at Thompson Hine.

  • 8th Circ. Ruling Limits Receiver Insurance Recovery Rights

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    The Eighth Circuit's recent ruling in King v. Texas Insurance illustrates a practical limit on receivership powers: A receiver may marshal insurance proceeds belonging to the estate but cannot expand the insured's contractual rights or make policy proceeds collectible unless the coverage triggers are satisfied, say attorneys at Kutak Rock.

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

  • Opinion

    Illinois Should Vacate Convictions Tainted By Racist Counsel

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    After the Illinois Supreme Court’s recent suspension of a public defender’s law license over racist online threats, prosecutors should move to vacate the convictions of every Black client he represented, as an attorney’s racial animus is a serious conflict of interest akin to structural error, says Adam Murphy at Fordham Law.

  • W.Va. Case Could Be An Existential Threat To Citizen Suits

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    Environmental citizen suits supplement enforcement by federal agencies that can't be in all places at all times — but litigants in a West Virginia federal court are arguing that such suits are unconstitutional, and those arguments could gain ground in the current legal landscape, says David Romine at Langsam Stevens.

  • Why And How To Build A Neurodiversity-Informed Practice

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    By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q3

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    Recent banking developments in Illinois include significant new consumer protection legislation, three meaningful Seventh Circuit decisions, and a high-profile constitutional challenge to the state's new digital asset tax, say attorneys at Barnes & Thornburg.

  • New Suits Raise Stakes After 7th Circ. 'Zero Sugar' Ruling

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    The Seventh Circuit's recent ruling in Franco v. Chobani that "zero sugar" claims on allulose-sweetened products are not preempted has sparked a wave of lawsuits, and companies can no longer assume that federal allulose guidance is a safe harbor, say attorneys at Bradley Arant.

  • Patent Eligibility Bulletin: Claim Solutions, Not Results

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    In the third quarter of the year, two Federal Circuit decisions illustrated that claims sharing the same disclosure can fall on opposite sides of the patent eligibility line, depending on the specific nuances of tech patents' claims, says Reilley Keane at Banner Witcoff.

  • Prediction Market Case Tests Novel Insider Trading Theory

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    The government's argument in its case against a soldier accused of using classified information to bet on Venezuelan President Nicolás Maduro's capture would represent a sea change in how insider trading wire fraud has been prosecuted for decades, says Alex Blanchard at Holland & Knight.

  • 3 Illinois Updates That Bolster Mortgage Lender Enforcement

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    Illinois lenders can use clarifications from recent legislative and judicial developments — a law defining the limitations period for home equity loans and two rulings on quiet title actions and lien expirations during foreclosures — to sharpen their enforcement tools and better protect their mortgage rights, says Stephanie Mulcahy at Hinshaw.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q3

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    We are at an inflection point for Michigan financial services law, with a state Supreme Court decision recently overruling more than 25 years of precedent on the Michigan Consumer Protection Act, and pending legislation that could significantly shift the regulatory landscape, say attorneys and advisers at Dykema.

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