Appellate

  • October 16, 2026

    Del. High Court Backs Gard In Litigation Funding Fight

    The Delaware Supreme Court has upheld a Chancery Court ruling rejecting claims that hedge fund manager Casey Gard and affiliates improperly shifted a litigation-finance business away from a company he co-owned with attorney Brett K. Findler, ending Findler's challenge to liability findings from a closely watched business breakup.

  • October 16, 2026

    Could A Criminal Sentencing Case Upend Loper Bright?

    U.S. Supreme Court Justice Neil Gorsuch is concerned that a ruling instructing trial courts to defer to the U.S. Sentencing Commission's interpretation of federal sentencing guidelines could blow a "pretty big hole" in the court's recent rejection of deference doctrines. His colleagues, however, don't appear as perturbed.

  • October 16, 2026

    Mass. Court Adds Knowledge Prong To Gun Charge

    Prosecutors must prove that a defendant found with a licensed firearm while intoxicated knew it was loaded in order to secure a conviction under a state law prohibiting such conduct, Massachusetts' intermediate-level appellate court said Friday in vacating a conviction.

  • October 16, 2026

    9th Circ. Won't Rethink $2B Devas Arbitral Award Confirmation

    The Ninth Circuit said Friday it will not disturb a unanimous three-judge panel's decision to enforce a $2 billion arbitral award issued to a satellite communications company, rejecting the award debtor's petition for a rehearing by the full court.

  • October 16, 2026

    Justices Told Siemens Chip Patent Win Shows Fed. Circ. Split

    The owner of a set of patents covering computer chip design wants the U.S. Supreme Court to look at an alleged internal split within the Federal Circuit of how it looks at whether patents are eligible under the high court's Alice test.

  • October 16, 2026

    US Says 1907 Border Strip Lets Wall Work Continue

    The federal government is asking the D.C. Circuit to deny an Arizona tribe's emergency bid to block border wall construction, saying the Indigenous nation's claim that a 1907 law that established the Roosevelt Reservation as part of its traditional homelands ignores history and precedent.

  • October 16, 2026

    Meet The Candidates Seeking A Texas Supreme Court Seat

    Four justices on the all-Republican Texas Supreme Court will defend their seats from Democratic challengers in November, making for a closely watched contest on a bench that's made controversial moves this year.

  • October 16, 2026

    'Defend To The End': Atty Admits Error In Gucci Glasses Suit

    An attorney blamed a "defend to the end" attitude he'd developed while fighting foreclosures for turning a client's dispute over $399 Gucci glasses into a multiyear legal morass that landed him in front of a Pennsylvania disciplinary panel on Friday.

  • October 16, 2026

    11th Circ. Backs Florida Firm In Lender Note Verdict Appeal

    The Eleventh Circuit in an unpublished opinion backed a law firm accused of botching several financial transactions for a Puerto Rican microcap lender, affirming the findings of a jury and a lower court that it didn't commit malpractice by failing to secure the company's assets during bankruptcy proceedings.

  • October 16, 2026

    Mich. Panel Says PIP Opt-Out Bars State Medical Coverage

    Michigan motorists who opt out of personal injury protection medical benefits cannot obtain such coverage through the state's assigned claims plan if they are injured as a non-occupant of a motor vehicle, a Michigan state appeals court ruled.

  • October 16, 2026

    11th Circ. ERISA Exhaustion Shift Furthers Textualist Trend

    An Eleventh Circuit decision overruling decades-old precedent that took a strict view of when federal benefits law claims could be brought in court continues a trend of courts excising judicially imposed rules not contained in statutory text, attorneys say.

  • October 15, 2026

    Would-Be Kavanaugh Assassin Slams Feds' Skewed Facts

    A woman accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh told the Fourth Circuit that federal prosecutors have presented a "wildly inaccurate description" of a Maryland federal judge's sentencing decision, rejecting their argument that she got off too easy because of her gender identity.

  • October 15, 2026

    10th Circ. Shifts Indian Status Burden In Sex Abuse Cases

    Reversing its own long-term precedent, the Tenth Circuit has ruled that defendants seeking to claim Native American status under federal criminal law must prove their status themselves, a decision that rewrites decades of circuit precedent dealing with how crimes on Native lands are prosecuted by the federal government.

  • October 15, 2026

    Anthropic Urges DC Circ. To Revisit Defense Supply Risk Ban

    Anthropic has urged the D.C. Circuit to reconsider a split panel's decision allowing the Pentagon to exclude Claude artificial intelligence models from its supply chain, saying the decision, if left standing, puts U.S. companies at risk of punishment for refusing Pentagon demands.

  • October 15, 2026

    2nd Circ. Doubts NY's Power To Regulate Nuclear Discharge

    A Second Circuit panel appeared skeptical of a New York law banning a decommissioned nuclear power plant's waste from being discharged into the Hudson River, asking pointed questions on Thursday on why those discharges are not part of the plant's operations.

  • October 15, 2026

    Texas Appeals Court Says Cities Can't Block ETJ Opt-Out Law

    A Texas appeals court on Thursday found that cities cannot block a state law that allows citizens living in areas surrounding municipalities to leave the cities' jurisdiction, saying the law does not violate the Texas Constitution.

  • October 15, 2026

    Murdaugh Tells 4th Circ. To Revive Jury Tampering Civil Suit

    Disgraced lawyer Alex Murdaugh asked the Fourth Circuit on Thursday to revive his suit accusing a court clerk of interfering in his murder trial, arguing he has standing because the alleged tampering "destroyed the value" of his $600,000 defense.

  • October 15, 2026

    1st Circ. Orders New Look At Defendant's Role In Drug Org.

    The First Circuit on Thursday said a Boston man must be resentenced after he pled guilty to conspiracy to distribute drugs because the sentencing judge erroneously found he was not a low-level player in the drug trafficking operation.

  • October 15, 2026

    9th Circ. Orders New Murder Trial Over Juror Mental Crisis

    The Ninth Circuit on Thursday vacated a man's convictions for a slaying on the waters off California's coast, saying the trial court should have declared a mistrial after dismissing a juror who experienced a mental health crisis during deliberations.

  • October 15, 2026

    Wash. Justices Doubt Prosecutor Immunity In Judge DQ Case

    Washington Supreme Court justices pushed back Thursday on assertions by a county prosecutor's office that it's immune from claims that it improperly used disqualification affidavits to remove a former judge from its cases, with one justice noting that a line-level prosecutor acknowledged an officewide policy to seek disqualification of the judge.

  • October 15, 2026

    Ohio Justices Say There Is No Limit On Refiled Actions

    The Supreme Court of Ohio on Thursday ruled that the state's saving statute does not limit how many times an action may be refiled, allowing a wealth management firm client to proceed with claims over bad investment advice he allegedly received.

  • October 15, 2026

    Louisiana Asks Justices To Undo Stay In Coastal Damage Suit

    Louisiana urged the U.S. Supreme Court to erase a Fifth Circuit stay of a remand order preventing one of its parishes from litigating coastal damage claims against an oil and gas company in state court, arguing the "comity essential to our federalism" was disrupted.

  • October 15, 2026

    3rd Circ. Upholds Removal Over NY Sex Abuse Conviction

    The Third Circuit rejected a Bangladeshi man's bid to overturn a Board of Immigration Appeals decision finding him removable based on a conviction for an aggravated felony, rejecting his invitation to redefine what constitutes sexual abuse of a minor.

  • October 15, 2026

    Texas Appeals Court Says Perot VC Suit Belongs In Biz Court

    A Texas appellate court on Thursday found that a multimillion-dollar suit brought by a Dallas businessman against billionaire Ross Perot Jr. belongs in the Texas Business Court, saying the businessman's claims arose from the sale of a healthcare company.

  • October 15, 2026

    Exxon Can't Escape $816M Verdict In Benzene Exposure Suit

    Exxon Mobil Corp. cannot escape a nearly $816 million judgment awarded to a service station mechanic who says his exposure to benzene in the oil giant's products was responsible for his leukemia, a Pennsylvania appellate court ruled Thursday.

Expert Analysis

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • Vanda Ruling Offers New Guide To Generic Labeling Disputes

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration is significant for its guidance on when generic-drug labeling remains sufficiently similar to brand labeling and when a difference requires a statutory exception, says Shashank Upadhye at Upadhye Tang.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

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    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Minn. Ruling Expands Insureds' Right To Independent Counsel

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    If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

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    In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • Fed. Circ. Dental IP Ruling Reinforces Prior Art Framework

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    The Federal Circuit's recent decision in Dental Monitoring v. Align Technology reaffirms the necessity of substantive written description support for establishing an earlier effective prior art date under the America Invents Act, and aligns Patent Trial and Appeal Board practice with district court litigation, say attorneys at Morgan Lewis.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • 10th Circ. Ruling Propels Emerging 'Occurrence' Consensus

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    The Tenth Circuit recently revived the Church of Jesus Christ of Latter-day Saints' bid for insurance coverage in a sexual abuse case, continuing a trend as the second circuit court to find that, where ambiguous, the definition of "occurrence" must be interpreted in favor of coverage, say attorneys at Anderson Kill.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

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