Appellate

  • August 26, 2026

    2nd Circ. Says Shield Law Covers Doctor In COVID Death Suit

    The Second Circuit on Wednesday affirmed the dismissal of a Connecticut estate's malpractice suit alleging a doctor negligently prescribed high doses of prednisone to an elderly COVID-19 patient who subsequently died of organ failure, finding the suit is barred under the Public Readiness and Emergency Preparedness Act.

  • August 26, 2026

    Creek Nation Refutes Tulsa DA's Stance On State Crime Cases

    The Muscogee (Creek) Nation has told the Tenth Circuit that Oklahoma's Tulsa County district attorney gets it wrong in stating that he has the authority to prosecute nonmember Native Americans for nonmajor crimes committed on the federally recognized tribe's reservation.

  • August 26, 2026

    Miami Politicians Must Face Ex-Top Cop's 1st Amendment Suit

    Three former Miami city commissioners aren't shielded by the doctrine of qualified immunity from a fired police chief's First Amendment lawsuit, but the former city manager is, the Eleventh Circuit ruled Wednesday, saying the manager didn't know he risked violating the Constitution by suspending the chief before the firing.

  • August 26, 2026

    DC Circuit Upholds Approval Of La. LNG Terminal, Pipeline

    The D.C. Circuit on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a $10 billion liquefied natural gas terminal and pipeline in Louisiana, denying petitions from environmentalists saying the commission had unjustifiably dismissed threats to the climate stemming from the project.

  • August 26, 2026

    5th Circ. Won't Reopen Apex's SEC Deal For Better Terms

    The Fifth Circuit has denied Apex Clearing Corp.'s petition to revisit its settlement agreement with the U.S. Securities and Exchange Commission over the clearinghouse's purported failure to keep records of off-channel communications, finding that other firms receiving more favorable settlement terms later on was not grounds for modification.

  • August 26, 2026

    Ill. Aid-Fixing Trial Delayed As 7th Circ. Review Proceeds

    Students and several elite private universities will have to postpone their trial over an alleged financial aid fixing scheme while the Seventh Circuit reviews expert-related findings that have allowed the case to proceed as a class action, an Illinois federal judge said Wednesday.

  • August 26, 2026

    5th Circ. Revives Bank's Bid For Ponzi Proceeds

    A Washington bank will get another shot at proving it is owed more than the $2.5 million it was awarded as a Ponzi scheme victim, with the Fifth Circuit ruling a lower court didn't grant the bank due process in approving a report from the receiver handling reimbursement.

  • August 26, 2026

    Fed. Circ. Backs Expanded Duties On Chinese Canvas Imports

    Imports of a type of rolled canvas from China are subject to a duty order on certain artist canvases, a Federal Circuit panel affirmed Wednesday, rejecting an importer's claim that the coating on its products didn't promote the "adherence" of ink in the same way.

  • August 26, 2026

    Fla. Panel Lets Law Firm Appeal Bid For Doc's Income Files

    Florida's Third District Court of Appeal on Wednesday granted a petition for a writ of certiorari to the Law Offices of Adorno-Cunill & Damas PL in a malpractice case brought against it resulting from a divorce proceeding.

  • August 26, 2026

    7th Circ. Holds High Court Ruling Supports Ark. PBM Rule

    The Seventh Circuit refused Wednesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, backing a lower court's holding that the rule was in line with a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.

  • August 26, 2026

    Ohio Justices Say Guilty Plea Needn't Be Fully Explained

    The Ohio Supreme Court on Wednesday ruled courts can presume a criminal defendant understands pleading guilty means a complete admission of guilt, even if the judge does not explicitly tell the defendant so, unless the defendant asserts his actual innocence.

  • August 26, 2026

    Samsung, Apple Warn Against Google Payment Ban

    Samsung and Apple told the D.C. Circuit that they are backing he district court's decision to reject a proposed ban on Google's payments to device distributors, with Samsung saying the ban would deprive it of the revenue it needs to help fund research and development in its mobile business unit and Apple saying it would only benefit Google at the expense of customers and third parties. 

  • August 26, 2026

    Mich. Appeals Court Upholds Probate Judge Candidate DQ

    A candidate hopeful for Wayne Probate Court judge will not appear on the ballot in November after a Michigan Court of Appeals panel on Tuesday affirmed a lower court's decision that her nominating petitions did not have enough signatures to garner her certification.

  • August 26, 2026

    Apple Seeks Win In Biometric Privacy Case, Citing 7th Circ.

    A recent Seventh Circuit decision affirming Samsung's win in a biometric privacy suit means Apple should prevail over similar claims, the tech giant has told an Illinois federal judge, arguing for summary judgment in a class action alleging that Apple's Photos app collects users' faceprints without permission.

  • August 26, 2026

    Trucking Groups Urge Full 5th Circ. To Mull Penske Liability

    Trucking industry groups contend the Fifth Circuit unjustifiably expanded liability for upstream motor carriers when it recently held that trucking services giant Penske Logistics LLC could be held vicariously liable for a fatal 2018 Texas collision caused by a motor carrier that Penske knew nothing about.

  • August 26, 2026

    Translation Co. Wants Quick Appeal Of PAGA Timing Ruling

    A translation services company asked a California federal judge to let it immediately appeal a ruling that kept alive a former worker's Private Attorneys General Act claim based on an alleged wage-statement violation, saying the dispute presents a novel question over when such claims accrue.

  • August 26, 2026

    Feds Urge 6th Circ. To Affirm $100M DTE Clean Air Act Penalty

    Several DTE Energy Co. entities should not be allowed to escape a $100 million civil penalty a Michigan federal judge imposed for Clean Air Act violations at a coke production facility near Detroit, the U.S. Department of Justice has told the Sixth Circuit.

  • August 26, 2026

    Prosecutors Say Goldstein Must Stay Behind Bars

    Federal prosecutors told the Fourth Circuit on Tuesday to keep convicted Supreme Court attorney Thomas Goldstein behind bars while he appeals his conviction, arguing that he remains a serious flight risk with wealthy overseas connections and "an ongoing danger" whose tax crimes continued "even after conviction."

  • August 26, 2026

    10th Circ. Says Missing Testimony Didn't Violate Rights

    The Tenth Circuit on Tuesday affirmed an Oklahoma man's murder and firearm convictions, concluding that allowing jurors to hear a missing witness's prior testimony did not violate his Sixth Amendment confrontation rights because the government made reasonable, good-faith efforts to find the witness.

  • August 26, 2026

    Fla. Firm Must Face Fiduciary Breach Suit Over Property Deal

    A Florida state appeals court on Wednesday reversed an order dismissing a lawsuit brought by a property company alleging that Hoffman Larin & Agnetti PA and one of its attorneys aided and abetted a breach of fiduciary duty while representing a third party claiming an interest in a property owned by the company.

  • August 26, 2026

    BIA Says Final Removal Order Limits Immigrant Custody Review

    The Board of Immigration Appeals said Tuesday that an immigration judge erred in ordering the release on bond of a noncitizen subject to a final removal order after the government continued to detain her, finding the judge lacked jurisdiction.

  • August 26, 2026

    Rising Star: Davis Polk's Masha Hansford

    Masha G. Hansford scored a U.S. Supreme Court victory centering on disparate bankruptcy fees and argued a complicated case involving Venezuelan bonds at the Second Circuit, earning her a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 26, 2026

    3rd Circ. Says McIver Lacks Immunity In ICE Assault Case

    A panel of Third Circuit judges on Wednesday rejected claims from Rep. LaMonica McIver, D-N.J., that her congressional role protects her against criminal charges alleging she forcibly interfered with and obstructed federal officers at an immigration detention facility.

  • August 26, 2026

    MyPillow CEO Lindell Appeals Smartmatic Sanctions Order

    MyPillow CEO Mike Lindell has appealed a D.C. federal judge's sanctions order against him for filing what the court said were "frivolous" third-party claims and counterclaims against election systems company Smartmatic.

  • August 25, 2026

    4th Circ. Blocks FCC Campaign Ad Pricing Guidance

    While political candidates are entitled to the lowest advertising rate radio and television stations can charge, political parties and joint fundraising committees with noncandidate members are not, a split Fourth Circuit ruled Tuesday, wiping out recent Federal Communications Commission guidance.

Expert Analysis

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

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