Appellate

  • September 10, 2026

    Fla. Panel Tosses Teen's Conviction Over Atty's Omission

    A Florida state appeals court has reversed a teenager's manslaughter conviction and sentence, finding the teen's attorney let him enter an open plea without telling him that his statements to police potentially could have been suppressed for Miranda rule violations.

  • September 10, 2026

    Jay-Z Can't Undo Buzbee's Win In Rapper's Defamation Suit

    A California state appeals court has refused to revive claims that Texas attorney Tony Buzbee defamed and extorted music superstar Jay-Z by roping him into a sexual abuse suit against Sean "Diddy" Combs, saying the case was properly thrown out under California's free speech statute.

  • September 10, 2026

    DOJ Says Records Act Chills 'Candid' White House Advice

    The Justice Department urged the D.C. Circuit to vacate a lower court's order requiring the White House to comply with the Presidential Records Act, arguing in a new brief that the 1978 statute intrudes on executive power by requiring preservation of a wide range of documents.

  • September 10, 2026

    Insurer Wants Quick 8th Circ. 401(k) Forfeiture Suit Appeal

    UnitedHealth Group asked a Minnesota federal court to allow a quick appeal of the court's June decision refusing to completely toss allegations that the company misallocated forfeitures from an employee 401(k) plan, arguing differing opinions on the validity of the claims nationwide justified early Eighth Circuit review.

  • September 10, 2026

    4th Circ. Calls No-Bond Detention Policy 'Stain' On The Nation

    The Fourth Circuit on Thursday became the ninth appellate court to declare illegal the Trump administration's detention of immigrants without bond, calling the mass detention a "stain" on the nation and comparing it to the internment of Japanese-Americans during World War II.

  • September 10, 2026

    11th Circ. Urged To Undo Trial Loss For Hospital Ratings Org

    A Florida federal court order requiring hospital ratings nonprofit Leapfrog to revoke poor safety grades it issued to five hospitals owned by Tenet Healthcare Corp. violated the First Amendment, Leapfrog told the Eleventh Circuit in a Thursday opening brief challenging its bench trial loss.

  • September 10, 2026

    Apple Watch Ban In Masimo ITC Patent Case Hits High Court

    Apple Inc. has told the U.S. Supreme Court that the Federal Circuit improperly "lowered the bar" for meeting the U.S. International Trade Commission's domestic industry requirement in patent disputes, by affirming a decision that the Apple Watch infringed Masimo Corp. patents.

  • September 10, 2026

    Biosimilars Boast Big Savings But Face IP Risks, Report Says

    There are no biosimilar drugs in development for 90% of biologic products set to lose their patent exclusivity by 2034, according to a report released Thursday by the Association for Accessible Medicines, which warned that current patent policy threatens generic-drug development. 

  • September 10, 2026

    10th Circ. Backs 72-Year-Old's Firing Over Data Misuse

    The Tenth Circuit has sided with a Colorado city in an age discrimination lawsuit brought by a utility billing specialist who was fired after accessing a prospective tenant's private account information for personal use, finding she failed to show age bias drove her termination.

  • September 10, 2026

    11th Circ. Says Concealed Gun Alone Can't Justify Fla. Stop

    The Eleventh Circuit has vacated a felon's gun-possession conviction, saying police lacked reasonable suspicion to search him after noticing a gun protruding from his hoodie pocket because Florida law treats concealed carry as presumptively legal.

  • September 10, 2026

    11th Circ. Won't Reopen Ex-School Admin's Sex Bias Suit

    The Eleventh Circuit on Thursday upheld an Alabama school board's win over a former assistant principal's lawsuit alleging she was fired because she's a woman, concluding she couldn't overcome her former employer's explanation that she'd been found in a compromising position with a male colleague several times.

  • September 10, 2026

    9th Circ. Clears Boeing Of Liability In Police Helicopter Crash

    The Ninth Circuit affirmed a ruling Wednesday tossing product liability litigation over a 2022 Huntington Beach Police Department helicopter crash that killed an officer and injured another, finding the victims' claims against Boeing and other aircraft-makers are time-barred under the General Aviation Revitalization Act's 18-year statute of repose.

  • September 10, 2026

    Fla. Panel Orders New Trial In $604K PGA Resort Fall Suit

    A Florida appeals panel has ordered a new trial and vacated a $604,000 jury verdict in a woman's trip-and-fall suit against PGA National Resort and Spa, saying the trial court wrongly treated an out-of-date administrative rule as binding law.

  • September 10, 2026

    7th Circ. Won't Revive Mail Carrier's Race Bias Suit

    The Seventh Circuit declined to revive a U.S. Postal Service carrier's discrimination suit stemming from an altercation with his supervisor, who called police to escort him off the premises, ruling Thursday no reasonable jury could say the treatment, "however disrespectful or ill-advised," had anything to do with the carrier's race.

  • September 10, 2026

    Wash. High Court Takes Up Yakama Nation Fuel Tax Dispute

    The Washington State Supreme Court has granted a Yakama Nation fuel distributor's bid for direct review in a case challenging the state Department of Licensing's attempt to collect on a state fuel tax assessment.

  • September 10, 2026

    9th Circ. Seeks Calif. Justices' Input On USAA Rate Bias Row

    The Ninth Circuit on Thursday sought the California Supreme Court's input on a class action claiming that USAA discriminated against service members, certifying a question about whether the state insurance code prohibits insurers from charging lower-ranking military members who qualify as good drivers more than higher-ranking members who also qualify.

  • September 10, 2026

    5th Circ. Finds NC Worker Must Face Hurricane Ida Crash Suit

    The Fifth Circuit has revived claims from four people injured in a car crash with a utility worker in Louisiana following Hurricane Ida, finding that the North Carolina worker was not a "representative" of Louisiana or its municipalities, and thus not entitled to immunity under the state's natural disaster law.

  • September 10, 2026

    Colo. Judge Asked To Sanction Hospital In Gender Care Suit

    Transgender adolescent patients of Children's Hospital Colorado urged a state judge on Thursday to sanction the hospital for refusing to resume providing gender-affirming medical care for transgender youth patients, arguing that the hospital can't avoid its obligation to provide the care by blaming its providers.

  • September 10, 2026

    Patent Declaratory Judgment Actions Are Back In Vogue

    Companies facing threats of patent infringement lawsuits are increasingly embracing declaratory judgment actions, a trend attorneys attribute to two pro-patent-owner shifts: the low institution rate of Patent Trial and Appeal Board challenges and the growth of Amazon's internal patent dispute process.

  • September 10, 2026

    6th Circ. Shields Detroit Cops In Vacated-Conviction Suit

    The Sixth Circuit has ruled that qualified immunity applied to four Detroit police officers sued by a man who had spent 22 years in prison before his convictions for sexual assault and breaking and entering were thrown out, finding probable cause supported his prosecution even though dog-tracking evidence in the case was eventually discredited.

  • September 10, 2026

    9th Circ. Calls Foul On Judge's NCAA Five-Year Rule Injunction

    The NCAA's five-year eligibility limit may be a commercial rule subject to antitrust scrutiny, but a Nevada federal judge improperly blocked it to let a college baseball player keep playing with little evidence it constrained competition, the Ninth Circuit has said.

  • September 10, 2026

    DOJ Urges High Court To Revisit 9th Circ.'s Bar Of Nev. US Atty

    The Justice Department has asked the U.S. Supreme Court to revisit a recent Ninth Circuit ruling disqualifying the Trump administration's top federal prosecutor in Nevada, calling it a decision that imposes "ongoing confusion" in the executive branch.

  • September 10, 2026

    Blank Rome Atty Ouster Can't Be Appealed, Conn. Panel Rules

    The former executive director of a Connecticut public housing authority cannot challenge a judge's revocation of his Blank Rome LLP lawyer's case-specific appearance in a $16.2 million loan dispute, a state appeals court has ruled, finding a trial court decision sidelining the attorney was not a final judgment.

  • September 10, 2026

    6th Circ. Says Fatal Child Hold Excluded From Coverage

    Insurers do not have to indemnify a management services company for a child welfare agency in a lawsuit over the death of a 7-year-old who died after being restrained by workers, the Sixth Circuit said, finding the hold on the child, while improperly used, was considered an excluded professional service.

  • September 10, 2026

    1st Circ. Keeps USPS Ballot Mail Rule Blocked For Midterms

    The First Circuit on Thursday rejected a request from the U.S. Postal Service to lift a Massachusetts federal judge's order blocking new mail ballot requirements that the appellate court said would create "chaos and widespread disenfranchisement" just weeks before the November midterm elections.

Expert Analysis

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • 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.

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