Appellate

  • 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.

  • October 08, 2026

    Coinbase Tells 2nd Circ. Only CFTC Oversees Event Contracts

    Event contracts that Coinbase offers, including sports event contracts, are swaps over which the Commodity Futures Trading Commission has "exclusive" jurisdiction, the company has urged the Second Circuit to rule, arguing Connecticut's laws have "no role to play" in regulating prediction markets.

  • October 08, 2026

    Dodd-Frank Act Is Focus Of Latest Amici In NJ-Kalshi Case

    Multiple amici, including the drafter of the Dodd-Frank Act, weighed in on New Jersey’s petition for the U.S. Supreme Court to review the regulation of prediction markets and sports betting, saying the statute was not meant to displace state gambling laws.

  • October 08, 2026

    Pa. Justices Urged To Toss $207M UPenn Med Mal Verdict

    The U.S. Chamber of Commerce has pressed the Pennsylvania Supreme Court to overturn a lower court ruling that allowed a record $207 million medical malpractice verdict, saying because no individual hospital employee was found negligent, the case improperly expands vicarious liability into an unprecedented "team liability" doctrine.

  • October 08, 2026

    Hotel Guest Argues Info Exchange Fight Fits Digital Era

    The give-to-get nature of a software service allowing luxury hotels to access competitors' occupancy data only upon contributing their own should be enough to plausibly outline an age-old illegal information exchange in the more modern digital era, a hotel guest told the Seventh Circuit.

  • October 08, 2026

    High Court Urged To Keep Prison Trans Care Ban Blocked

    The U.S. Supreme Court should decline the Trump administration's request to disturb a district court order barring the Federal Bureau of Prisons from enforcing a gender dysphoria care ban, a group of transgender individuals incarcerated in BOP facilities argued Thursday.

  • October 08, 2026

    8th Circ. Won't Rethink $110M Deal For Broker Fees Suit

    The Eighth Circuit has rejected an objector's bids to rethink its decision to affirm $110.6 million worth of antitrust class action settlements that aim to resolve broker fee claims against the National Association of Realtors and multiple brokerages.

  • October 08, 2026

    DC Circ. Won't Rehear Ruling Blocking Fla. Wetlands Permits

    The D.C. Circuit has denied a petition from the federal government for an en banc rehearing of a previous court decision vacating the EPA's authorization for Florida to run a Clean Water Act permitting program for dredging and filling wetlands.

  • October 08, 2026

    Energy Companies' Win In NYC Greenwashing Suit Affirmed

    A New York appeals court on Thursday affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of deceiving consumers about the environmental effects of their gasoline products and alternative energy investments.

  • October 08, 2026

    Justices Told Award Moots Burford's 3rd Circ. Challenge

    A German claims aggregator is citing an award it received in ongoing arbitration involving Burford Capital as reason for the U.S. Supreme Court to pass on the litigation funder's certiorari petition seeking review of an unfavorable Third Circuit decision.

  • October 08, 2026

    Fla. Panel Trims Punitive Damages Claim By Ex-Marvel CEO

    The former CEO of Marvel Entertainment can request punitive damages against his neighbor in a feud over the surreptitious collection of DNA evidence but not against the neighbor's attorney or a Chubb affiliate accused of helping him, a Florida appeals court has ruled.

  • October 08, 2026

    $13.4M Conn. Insurance Fight Won't Resume Amid Appeal

    A Connecticut judge won't lift a stay on a mother's lawsuit seeking to enforce a $13.4 million trial judgment over her son's death in a group home because the group home still has time to appeal a decision affirming the judgment.

Expert Analysis

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • Wis. Coverage Ruling Rejects Strict Ensuing Loss Test

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    In Cincinnati Insurance v. Ropicky, the Wisconsin Supreme Court recently examined the relationship between an insurance policy's construction defect exclusion and ensuing loss exception, providing policyholders support in claiming that an additional cause may produce covered damage despite an excluded condition being part of the loss sequence, says Alexander Hopkins at SDV Fenchurch.

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • 5th Circ. Embedding Decision Could Recast Copyright Claims

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    The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • 9th Circ. Ruling Raises Bar For Arbitration Pacts Via Email

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    The Ninth Circuit's recent holding in Rickes v. Thermo Fisher that the mere delivery of an email doesn't establish an employee's assent to the arbitration agreement underscores that rollout processes should both give employees notice of the agreement and create evidence of their assent, say attorneys at Sullivan & Cromwell.

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

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    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

  • 9th Circ. Ruling Marks New Chapter In Risk Factor Tug-Of-War

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    The Ninth Circuit's recent dismissal of a securities fraud class action against SunPower is the latest in a growing line of cases addressing whether, if ever, a company's risk factor disclosures can give rise to potential liability, an area where the law remains unsettled, say attorneys at Alston & Bird.

  • Where AI Patent Risk Begins And How Records Can Help

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    The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

  • Harvard Morgue Deal Shows Stakes Of Good Faith Immunity

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    Harvard's recent $53 million payment to settle lawsuits concerning body part thefts from its medical school morgue spotlights the state’s Uniform Anatomical Gift Act, which only extends good faith immunity to anatomical donation stakeholders if certain conditions are met, says Christina Strong at Dilworth Paxson.

  • 4 Words In A 1980 Law Could Redraw Bank Lending

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    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

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