Appellate

  • 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.

  • October 09, 2026

    Del. Justices Back ATG In Empery Proxy Fight

    The Delaware Supreme Court has upheld a Chancery Court ruling requiring digital asset company Empery Digital Inc. to allow activist investor ATG Capital Opportunities Fund LP's nine board nominees to stand for election, rejecting the company's challenge less than a week before its annual meeting Oct. 14.

  • October 09, 2026

    Arizona Tribe Loses Bid To Pause Border Wall Construction

    A D.C. federal judge has denied an Arizona tribe's request to block border wall construction on its reservation pending appeal, saying the Indigenous nation hasn't identified any reason for reconsideration of a previous decision that reached the same conclusion.

  • October 09, 2026

    Pa. Odd Fellows Lodge Can't Take Over Philly Charity

    The Pennsylvania leaders of the International Order of Odd Fellows can't take over a Philadelphia charity that a local lodge had organized 140 years ago, since amendments to the charity's charter and bylaws giving the "Grand Lodge" control had not followed the original charter or state law, an appellate panel has ruled.

  • October 08, 2026

    Pasadena Worker Accuses 9th Circ. Of 'Lies' In COVID Ruling

    A Pasadena police employee on Thursday failed to convince the Ninth Circuit to give him a second shot at suing the city over its COVID-19 vaccination policy, rejecting his argument that a panel decision in the matter was "rife with lies, misstatements, material omissions and total fabrications."

  • October 08, 2026

    Starbucks Says NLRB Ignored Repeat Dress Code Violations

    Starbucks asked the Fifth Circuit on Thursday to vacate a National Labor Relations Board decision that the coffee chain flouted federal labor law by stepping up dress code policy enforcement without bargaining beforehand, arguing management at a unionized Oregon store followed the company's established corrective action policy.

  • October 08, 2026

    DOJ Urges Justices To Keep Anti-ICE Activist Detained Pretrial

    Federal prosecutors on Thursday urged the U.S. Supreme Court to leave in place a Sixth Circuit ruling that a self-described "antifa" member must remain in jail pending trial on charges that he cyberstalked and threatened a social-media supporter of U.S. Immigration and Customs Enforcement.

  • October 08, 2026

    Wash. Justices Say Privacy Act Doesn't Bar Hospital Pixel Use

    The Washington State Supreme Court said Thursday the state's privacy act does not prohibit Seattle Children's Hospital from using web analytics tool Meta Pixel on its public-facing website, rejecting a group of parents' allegations that their browsing and search activity was illegally intercepted and sent to the Facebook parent company.

Expert Analysis

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

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