Appellate

  • September 09, 2026

    Mo. Voters Ask High Court To Sort Out 'Irreconcilable' Rulings

    Voters opposed to Missouri's newly drawn congressional map that favors Republicans in the midterms asked the U.S. Supreme Court on Wednesday to lift a federal judge's order requiring state election officials to use the challenged map, which the Missouri Supreme Court deemed invalid without voter approval.

  • September 09, 2026

    Ga. Panel Upholds $8.5M Verdict Over Diabetic Driver Crash

    A Georgia appeals court on Wednesday affirmed an $8.5 million verdict against a trucking company that employed a driver with a history of failing to manage his diabetes who negligently ran another big rig off the road during a medical emergency, saying certain evidence was not improperly admitted.

  • September 09, 2026

    9th Circ. Says Duress Is No Defense For Persecution

    A Ninth Circuit panel denied an El Salvador man's appeal contesting the rejection of his bid for deportation relief, ruling there is no implied duress defense to a statutory bar that withholds such relief from people who assisted in the persecution of others.

  • September 09, 2026

    Judge Denies Validity Redo After $38M Verdict Partly Revived

    Bottler Shibuya Hoppmann and dairy company HP Hood are not entitled to a new trial on the validity of Steuben Foods' bottle sterilization patents after the Federal Circuit partly revived a $38 million infringement verdict against them, a Delaware federal judge said Wednesday.

  • September 09, 2026

    NC Justices Probe TikTok's State Contacts In Addiction Case

    The North Carolina Supreme Court grappled Wednesday with whether TikTok and its parent company should have to face the attorney general's suit alleging the app is addictive to young users, with TikTok arguing its general national business practices do not create ties to the Tar Heel State sufficient to be dragged into court there.

  • September 09, 2026

    2nd Circ. Says FDIC Need Not File Claim To Save SVB Setoff

    The Federal Deposit Insurance Corp. is not required to file a claim in the bankruptcy case of Silicon Valley Bank's former parent to preserve its defensive setoff rights, the Second Circuit found Wednesday, delivering another blow to the company in its legal battle with the regulator.

  • September 09, 2026

    White Officer Wants Justices' Take On DEI Training Lawsuit

    A white former Colorado corrections officer urged the U.S. Supreme Court to weigh in on whether mandated attendance at a single workplace diversity training that allegedly included discriminatory content is enough to warrant reinstating his race harassment lawsuit. 

  • September 09, 2026

    Texas Justices Deny Bid To Undo $37M Arbitration Award

    The Texas Supreme Court on Wednesday declined to take up a bid by a Dallas-based alternative investment company seeking to toss a $37 million arbitration award in favor of the company's former director.

  • September 09, 2026

    States, Amici Ask Justices To Keep Mail Ballot Rules On Ice

    Nearly half of the states and the District of Columbia urged the U.S. Supreme Court on Wednesday to leave in place a federal judge's order blocking the U.S. Postal Service from enforcing new mail-in ballot regulations in this year's midterms, arguing the changes are a major political decision USPS had no authority to make. 

  • September 09, 2026

    Conn. Justices Doubt State's Bid To Split Spousal Claims

    The Connecticut Supreme Court appeared skeptical Wednesday of the state's assertion that government immunity laws require a separate office to consider a husband's loss of companionship claim while his wife sues UConn Health for medical malpractice in superior court, with some justices indicating split actions seemed inefficient and unworkable.

  • September 09, 2026

    3rd Circ. Stands By Upholding Lipitor Pay-For-Delay Suit Toss

    The Third Circuit has refused to rethink its decision backing a New Jersey district court's dismissal of an antitrust suit alleging Ranbaxy Laboratories Ltd. conspired to delay a generic version of the cholesterol drug Lipitor.

  • September 09, 2026

    2 House Democrats Say Trump Can't Fire Copyright Chief

    Two senior House Democrats have urged the D.C. Circuit to reject the Trump administration's claimed authority to remove Shira Perlmutter as the head of the U.S. Copyright Office, arguing that only the librarian of Congress can fire the agency's leader.

  • September 09, 2026

    Justices Call For Early Response Over Paramount Merger

    The U.S. Supreme Court is giving California and other state enforcers that are challenging Paramount Skydance Corp.'s planned $110 billion purchase of Warner Bros. until later this month to respond to Iowa and Montana's bid to block the merger challenge.

  • September 09, 2026

    Pa. Panel Orders New Trial In Chiropractor Stroke Suit

    A Pennsylvania appeals panel on Wednesday ordered a new trial in a suit alleging that a chiropractor's unnecessary treatment led to his patient's stroke, saying the trial court refused to give the jury an instruction on increased risk of harm.

  • September 09, 2026

    11th. Circ. Upholds Ga. Tax Fraudster's 12½-Year Sentence

    The Eleventh Circuit affirmed on Wednesday a12½-year prison sentence for an Atlanta man who was convicted of masterminding a fraudulent tax return scheme that brought in millions of dollars.

  • September 09, 2026

    Fla. High Court Weighs Creditor's Bid To Reach Transferee

    An intellectual property attorney who holds a $90,000 defamation judgment argued before the Florida Supreme Court on Wednesday that the state's collection and fraudulent transfer statutes allow him to get a money judgment against a third-party transferee.

  • September 09, 2026

    Texas Justices Reject Sandy Hook Families' Infowars Appeal

    The Texas Supreme Court on Wednesday denied Sandy Hook families' requests to dissolve lower appeals court orders that stopped a court-appointed receiver from assuming control of bankrupt commentator Alex Jones' website Infowars and leasing the intellectual property of its parent company Free Speech Systems LLC to satire publication The Onion.

  • September 09, 2026

    Airline Group Asks Justices To Review United Vax Bias Class

    An airline industry urged the U.S. Supreme Court on Wednesday to hear United Airlines' challenge to a Fifth Circuit ruling that preserved class status in a religious bias suit over United's COVID-19 vaccine mandate, arguing the appeals court ignored the myriad individualized issues at play.

  • September 09, 2026

    Hemorrhoid Pain Can Be A Disability, EEOC Tells 3rd Circ.

    The U.S. Equal Employment Opportunity Commission filed an amicus brief with the Third Circuit on Wednesday arguing that a former FedEx supervisor's hemorrhoid condition could rise to the level of a disability under federal anti-discrimination law, despite a trial court's conclusion otherwise.

  • September 09, 2026

    DC Circ. Declines To Halt DOJ's Cannabis Rescheduling

    The D.C. Circuit on Wednesday rejected a bid to freeze a final U.S. Department of Justice rule rescheduling medical marijuana while opponents challenge the policy in the appellate court.

  • September 09, 2026

    Del. High Court Upholds Under-21 Handgun Restrictions

    The Delaware Supreme Court has reversed a lower court ruling against a state law restricting handgun access for most 18- to 20-year-olds, finding the measure did not violate the Delaware Constitution's right to keep and bear arms.

  • September 09, 2026

    Rise Brewing Urges Justices To Let Juries Weigh TM Strength

    RiseandShine Corp. urged the U.S. Supreme Court on Tuesday to reject what it called the Second Circuit's outlier rule allowing judges to decide the strength of a trademark, arguing in its opening merits brief that the question belongs to juries because it hinges on how ordinary consumers perceive a mark.

  • September 09, 2026

    Ex-Judge, Law Profs Urge 4th Circ. To Limit Digital Warrants

    A former federal magistrate judge and a group of law school professors from around the country have urged the Fourth Circuit to find that a geofence warrant at the heart of a major U.S. Supreme Court decision is too broad in light of the high court's ruling.

  • September 09, 2026

    Fla. Panel Nixes $8.1M Injury Verdict In SeaWorld Suit

    A Florida appeals panel on Wednesday vacated an $8.1 million verdict in favor of a mother whose child was injured at a SeaWorld Halloween event, saying the trial court wrongly found that the child was an invitee when he snuck onto a circus trampoline, jumped on it and fell off.

  • September 09, 2026

    Mass. Justices Probe $8M Waterfront Sale To Audubon Group

    A justice on Massachusetts' top court asked Wednesday whether a court-appointed receiver had a duty to investigate more lucrative offers before selling an 18-acre abandoned industrial site to a nonprofit that intends to turn the property into a wildlife sanctuary.

Expert Analysis

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

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