Appellate

  • May 07, 2026

    Pentagon Defends Anthropic Security Risk Label At DC Circ.

    The U.S. Department of Defense told the D.C. Circuit on Wednesday that Defense Secretary Pete Hegseth acted well within his statutory discretion when he labeled Anthropic PBC a supply-chain risk to U.S. national security, rejecting Anthropic's claims of retaliation.

  • May 07, 2026

    Colo. Panel Says Insurance Affidavit Didn't Make Marriage

    A Colorado Court of Appeals panel interpreted a Colorado Supreme Court case outlining common law marriage Thursday, finding that an affidavit signed to obtain health insurance isn't alone enough to show the existence of a common law marriage.

  • May 07, 2026

    'Miscarriage Of Justice' Wipes Out $2.5M Injury Verdict

    A New Jersey state appeals court has tossed a $2.5 million verdict in a lawsuit accusing Public Storage of causing a woman's fall injuries, saying it was a "miscarriage of justice" for the lower court to allow repeated references to irrelevant evidence by the plaintiff's counsel.

  • May 07, 2026

    Nielsen Tells 2nd Circ. To Upend Cumulus' Data-Tying Order

    An attorney for Nielsen urged a Second Circuit panel Thursday to undo an order, which is currently stayed, effectively blocking it from conditioning media company Cumulus' access to national radio ratings data on buying its local offerings.

  • May 07, 2026

    Delta Pilots Ask Full 11th Circ. To Rehear Leave Bias Suit

    A group of former Delta Air Lines Inc. pilots whose suit over their use of paid military leave was dismissed by the Eleventh Circuit last month asked the full circuit to consider their claims of "company-wide hostility against military service."

  • May 07, 2026

    Womble Bond Atty's 'Draconian' Penalty Gives 4th Circ. Pause

    A Fourth Circuit panel seemed to struggle Thursday with what one judge described as a "draconian" contempt order against a Womble Bond Dickinson partner, with the panel nudging counsel for both sides toward a simpler solution that wouldn't force the court's involvement.

  • May 07, 2026

    Colo. Panel Says No Resentencing For Habitual Criminal

    A man with an existing criminal record who was sentenced to 44 years in prison in 2015 under Colorado's habitual criminal statute, after firing a gun at someone he claimed was threatening his girlfriend, cannot be resentenced in light of a 2024 U.S. Supreme Court decision, a Colorado appeals court ruled on Thursday.

  • May 07, 2026

    NJ Justices Bar PI Damages For 'Collectible' Future Med Bills

    New Jersey's highest court unanimously ruled that the state's no-fault insurance scheme for victims of automobile accidents bars claimants from asking a jury to award future medical expenses if those projected costs fall within their personal injury coverage limits.

  • May 07, 2026

    NY Med Records Enough For Cancer Suit, Fla. Justices Told

    The mother of a cancer patient urged the Florida Supreme Court on Thursday to revive her malpractice lawsuit alleging two New York physicians failed to detect her daughter's metastatic cancer, arguing that jurisdiction is satisfied with medical records produced by the out-of-state doctors.

  • May 07, 2026

    Mass. Court Nixes Plea Over Bad Immigration Warning

    A man who pled to sufficient facts for drug charges will be allowed to withdraw his admission, Massachusetts' highest court said Thursday, finding that he was not properly warned about the immigration consequences of his plea.

  • May 07, 2026

    DOL Can Argue With Honeywell, Siemens In 401(k) Appeals

    The Third Circuit on Thursday granted the U.S. Department of Labor time to argue in two cases where workers are seeking to revive proposed class actions alleging their employers violated federal benefits law by misallocating forfeitures from an employee 401(k) plan.

  • May 07, 2026

    1st Circ. Chilly On Challenge To DHS Records Policy

    A First Circuit panel appeared disinclined Thursday to revive a suit alleging the federal government regularly withholds records from immigrants in deportation and asylum proceedings, with one judge saying that if the process is unfair, it would be Congress' job to fix it.

  • May 07, 2026

    11th Circ. Deepens Split On DHS' No-Bond Detention

    A split Eleventh Circuit panel rejected the Trump administration's interpretation of federal immigration law as requiring mandatory detention of noncitizens who entered the U.S. unlawfully, ruling that such individuals are entitled to bond hearings and deepening a growing circuit split.

  • May 07, 2026

    NC Judge Tosses Atty's Suit Against State Bar Panel Member

    A North Carolina federal judge dismissed a suspended attorney's lawsuit against a State Bar Disciplinary Hearing Commission member he accused of bias and due process violations, finding Thursday that the defendant is entitled to absolute quasi-judicial immunity.

  • May 07, 2026

    USPTO Tells Fed. Circ. Verizon Can't Appeal Ax Of IPR Win

    The U.S. Patent and Trademark Office has told the Federal Circuit that Verizon can't appeal a ruling by the agency's former director that wiped out the Patent Trial and Appeal Board's invalidation of a patent it challenged, saying the court has consistently upheld the board's ability to terminate such challenges.

  • May 07, 2026

    Agency Improperly Restrained In Duty Review, Fed. Circ. Told

    The U.S. Court of International Trade improperly restrained the Commerce Department's discretion to determine countervailable subsidies during a South Korean exporter's administrative review, U.S. steel giant Nucor Corp. told the Federal Circuit on Thursday.

  • May 07, 2026

    Ex‑Novartis Atty Wins Revival Of Whistleblower Claims

    The New Jersey state appeals court on Thursday revived five whistleblower claims brought by a former Novartis compliance attorney, finding that a trial judge wrongly treated a years‑long pattern of alleged retaliation as discrete, time‑barred events rather than a continuous campaign culminating in her 2021 termination.

  • May 07, 2026

    Toss Of Ex-Shkreli Atty's Deal May Be Error, 2nd Circ. Hints

    A Second Circuit judge hinted Thursday that a trial judge may have erred in rejecting a retirement-fund garnishment deal that would have protected Martin Shkreli's convicted former lawyer from a potential $1 million "punitive tax event."

  • May 07, 2026

    New PBGC Amicus Program Offers Input On Important Cases

    Litigants involved in benefits cases that involve novel or significant pension-related issues can now ask the Pension Benefit Guaranty Corp. to lodge briefs shedding light on their disputes, the PBGC announced Thursday.

  • May 07, 2026

    Hospital Suspects DOJ Is Forum Shopping For Trans Records

    Children's Hospital of Philadelphia asked a federal judge this week to reassert control over the U.S. Department of Justice's demand for records of gender-affirming care, fearing the government's withdrawal of its local appeal and a case filed against another hospital in Texas portended "forum shopping" for a friendlier court.

  • May 06, 2026

    Trump Wants Time For Justices To Review Carroll Verdict

    President Donald Trump has asked the Second Circuit to delay enforcement of the $83.3 million verdict against him for defaming writer E. Jean Carroll while he appeals the appellate court's en banc refusal to rehear his appeal, noting that Carroll does not oppose the delay as long as he pays interest if it's upheld.

  • May 06, 2026

    8th Circ. Strikes Down FCC's Digital Discrimination Rules

    The Federal Communications Commission's digital discrimination rules, which were passed during the Biden administration, were knocked down by the Eighth Circuit on Wednesday after the panel found the agency reached beyond its statutory mandate when creating the restrictions.

  • May 06, 2026

    Pa. Panel Greenlights NJ Transit Injury Suit, Citing Galette

    A Pennsylvania appellate panel on Tuesday affirmed the denial of New Jersey Transit Corp.'s bid to exit a passenger injury lawsuit, holding that the recent U.S. Supreme Court ruling in Galette retroactively invalidates the agency's sovereign immunity defense.

  • May 06, 2026

    J&J, Tolmar Settle Patent Case Over Antipsychotic Drug

    A federal court Wednesday signed off on a consent judgment in a patent case brought by a Johnson & Johnson unit that prevents Tolmar Inc. from selling a generic version of the blockbuster schizophrenia drug Invega Sustenna.

  • May 06, 2026

    Calif. Tribe Can't Get ATF's Cigarette Sales Decision Tossed

    A Ninth Circuit panel determined Wednesday that federal tobacco regulators acted appropriately when placing the Twenty-Nine Palms Band of Mission Indians on a noncompliance list, concluding the tribe's remote cigarette sales to retailers of other tribes count as "off-reservation" activities covered by California state tax and licensing laws.

Expert Analysis

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • How Specificity, Self-Dealing Are Shaping ERISA Litigation

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    Several recent cases, including the U.S. Supreme Court's forthcoming ruling in Anderson v. Intel, illustrate the competing forces shaping excessive fee litigation, with plaintiffs seeking flexibility, courts demanding specificity, fiduciaries facing increased scrutiny for conflicts of interest, and self-dealing amplifying exposure, says James Beall at Willig Williams.

  • Contract Disputes Recap: Terminations Galore

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    Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

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