Appellate

  • 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    The Eleventh Circuit in an unpublished opinion backed a law firm accused of botching several financial transactions for a Puerto Rican microcap lender, affirming the findings of a jury and a lower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.

  • October 15, 2026

    Colo. Panel Upholds Agency's Emissions Monitoring Rule

    The Colorado Court of Appeals upheld a state agency's rule on emissions monitoring Thursday, wholly rejecting a challenge by environmental groups that contended the rule allows most polluters to escape certain monitoring requirements by paying a fee.

  • October 15, 2026

    Trump Admin Urges High Court To Curb APA Rule Vacatur

    The Trump administration is asking the U.S. Supreme Court to decide whether the Administrative Procedure Act allows federal judges to universally vacate agency rules in what could be a major test of the judiciary's authority to check executive agency power.

  • October 15, 2026

    11th Circ. Nixes Fla. Manslaughter Sentencing Enhancement

    The Eleventh Circuit vacated a seven-year sentence for a man who pled guilty to illegal possession of a firearm, finding a lower court incorrectly factored in his prior conviction for attempted manslaughter as a crime of violence.

  • October 15, 2026

    Singer's Widow Says Disputed Cause Revives Crash Suit

    The wife of a country singer urged a New Jersey appellate panel Thursday to revive her suit over the helicopter crash that killed her husband, arguing that there is a genuine dispute over whether the manufacturer of the helicopter's engine is responsible for alleged defects in one of the engine components.

  • October 15, 2026

    Nunes Loses 2nd Circ. Appeal In Defamation Case

    The Second Circuit has upheld a New York federal judge's August 2025 dismissal of former U.S. Rep. Devin Nunes' defamation suit against NBCUniversal over a 2021 Rachel Maddow broadcast.

  • October 15, 2026

    Innocent Spouse Tax Relief Bid Timely Filed, 5th Circ. Told

    The U.S. Tax Court improperly concluded that a Texas woman narrowly missed a statutory filing deadline in seeking innocent spouse relief on federal income taxes and shouldn't have dismissed her case, she told the Fifth Circuit, arguing the deadline isn't jurisdictional.

Expert Analysis

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

  • 4th Circ. Class Cert. Ruling Offers Tips For Damages Experts

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    The Fourth Circuit's recent decision reversing class certification in litigation against Boeing raises the cost of a bare-bones damages model proposal for plaintiffs, but it also clarifies what a defensible proposal should contain, say Alok Khare and Erica Rose at FTI Consulting.

  • Opinion

    'Plain Meaning' Requires Plainer Meaning In IP Litigation

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    The Federal Circuit's recent decision in Socket Solutions v. Import Global highlights the frequent ambiguity surrounding courts' references to "plain meaning" in patent claim construction — an ambiguity that should be resolved by courts, not litigants, say attorneys at Klarquist Sparkman.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • Patent Ruling Shows Concrete Tech Solution Key To Eligibility

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    The Federal Circuit’s recent Ceiva Opco v. Amazon.com decision offers an important reminder that software-related inventions can remain patent eligible when they claim a concrete technological solution to a specific problem, says Irah Donner at Manatt.

  • Appellate Vape Rulings May Expand State Regulation Powers

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    Two recent federal appeals courts decisions rejecting Federal Food, Drug and Cosmetic Act preemption challenges to state electronic nicotine delivery systems directory laws signal an emerging appellate consensus that could significantly expand states' power to regulate vaping product sales where federal enforcement falls short, say attorneys at Troutman.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • Fed. Circ. Rulings Emphasize Adjudicative Access And Review

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    Decisions from the Federal Circuit's 2026 docket indicate that the court is increasingly paying attention to whether tribunals possess authority to act, meaning practitioners will need to properly address procedural hurdles before they can argue the merits of a case, say attorneys at Reichman Jorgensen.

  • Amazon v. Perplexity Ruling Limits CFAA Reach Over AI Tools

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    The Ninth Circuit's recent decision in Amazon v. Perplexity provides important early guidance on how the Computer Fraud and Abuse Act applies to agentic artificial intelligence, and is the latest in a line of rulings in which courts have declined to stretch existing statutes to broadly regulate AI, say attorneys at Ropes & Gray.

  • Managing OSHA Mental Illness Logs After 5th Circ. Vacatur

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    Employers with facilities in multiple states need to carefully weigh their recordkeeping procedures following the Fifth Circuit’s recent decision that the Occupational Safety and Health Administration cannot require employers to log work-related mental illness, as inconsistent logs across facilities may raise other issues, say attorneys at Haynes Boone.

  • Expect More Probes After 3rd Circ. Algorithmic Pricing Ruling

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment, allowing algorithmic price-fixing claims to proceed past motions to dismiss, may serve as a road map for how to contend with increased litigation risk in this developing area of antitrust law, say attorneys at BakerHostetler.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

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