Appellate

  • October 13, 2026

    11th Circ. Urged To Keep Atty On The Hook For Defense Costs

    A lawyer who said a fellow attorney targeted her with a frivolous lawsuit asked the Eleventh Circuit to uphold a sanctions award, arguing that a district court was right to conclude that the suit was baseless and defense costs should be shifted to the plaintiff.

  • October 13, 2026

    Justices Wary Of Weakening Sentencing Commentary

    The U.S. Supreme Court appeared skeptical Tuesday of arguments that lower court judges should not give deference to U.S. Sentencing Commission commentary that interprets federal sentencing guidelines, with some of the justices wondering whether such a holding would open the floodgates for thousands of defendants seeking to have their sentences reconsidered.

  • October 13, 2026

    1st Circ. Revives Amgen Migraine Drug Risk Label Suit

    A mother in Massachusetts is entitled to pursue a new theory of liability against drugmaker Amgen Inc. over the death of her 25-year-old son after he took the company's then-recently approved migraine medication Aimovig in 2018, the First Circuit has found.

  • October 13, 2026

    2nd Circ. Revives Lidl Worker's Unpaid Waiting Time Suit

    Waiting time is compensable under federal wage law when employees are required to report to work but cannot begin their duties for reasons beyond their control, the Second Circuit ruled Tuesday in reviving a Lidl grocery store worker's unpaid wage claims.

  • October 13, 2026

    Sotomayor Warns Gov't On Double Jeopardy In Migrant's Case

    U.S. Supreme Court Justice Sonia Sotomayor cautioned the government on Tuesday about charging a deported Mexican national twice for the crime of being found in the U.S. after having been removed, saying constitutional problems plagued the government's treatment of the man.

  • October 13, 2026

    High Court Won't Hear Ex-United Worker's Suit Against IAM

    The U.S. Supreme Court on Tuesday declined to revive a lawsuit brought by a former United Airlines customer service agent seeking to bring claims against her union for failing to take her wrongful discharge claim against the company to arbitration.

  • October 13, 2026

    Sen. Justice Must Cover Coal Cos.' $25M Surety Bond Debt

    U.S. Senator Jim Justice must pay a surety more than $25 million after he personally promised to cover collateral and past-due premiums owed by his coal companies if they failed to stay current on their payment obligations, the Sixth Circuit ruled.

  • October 13, 2026

    Cozen Says Rival Weaponized Florida Mediation Law

    Cozen O'Connor urged a Florida appeals court Tuesday to reverse a judgment in favor of Mintz Truppman PA in a long-running dispute over an alleged breach of mediation confidentiality, calling the rival firm's suit an "unprecedented attempt to weaponize the Mediation Confidentiality Act."

  • October 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week saw stockholders challenge Nvidia Corp.'s roughly $20 billion deal with artificial intelligence chipmaker Groq Inc., Hertz Global Holdings Inc.'s electric vehicle strategy and more than $1.5 billion in Humana Inc. stock buybacks.

  • October 13, 2026

    1st Circ. Nixes Lobster Fishers' Libel Suit Against Aquarium

    The First Circuit has ordered the dismissal of a defamation suit that lobster fishers brought against an aquarium that urged consumers to avoid buying lobster, finding the claims are barred because the report did not single out any of the plaintiffs.

  • October 13, 2026

    Judge Rejects Updated AG Bid To Join RealPage Deal Talks

    A Tennessee federal judge said he would consider objections from state attorneys general to terms of a possible settlement in multidistrict litigation over alleged price-fixing enabled by RealPage software, despite rejecting a renewed move by the states to intervene in the negotiations.

  • October 13, 2026

    What The Justices Won't Hear: A Roundup Of Cert Denials

    The U.S. Supreme Court declined to grant a writ of certiorari to another batch of applications Tuesday, including cases involving six-figure sanctions, wine shipment laws and overtime claims. 

  • October 13, 2026

    High Court Won't Review Student's Suit Over Phone Search

    The U.S. Supreme Court on Tuesday denied certiorari to a teenager who alleges his constitutional rights were violated when his school principal searched his phone on suspicion that he had nude photos of another student.

  • October 13, 2026

    Pa. High Court Snapshot: Jail Bargaining, Energy Land Tiffs

    The Pennsylvania Supreme Court will consider whether a referendum banning solitary confinement at the Allegheny County Jail had to be bargained with the jail's union when the court sits in Pittsburgh starting Wednesday.

  • October 13, 2026

    11th Circ. Lowers Bar For Getting ERISA Claims Into Court

    The full Eleventh Circuit on Tuesday overturned decades-old precedent that took a strict view of when federal benefits law claims could be brought in court, reviving a proposed class action alleging mismanagement of a seafood company's employee stock ownership plan.

  • October 13, 2026

    Justices Agree To Hear Habeas Case About Circuit Splits

    The U.S. Supreme Court on Tuesday agreed to consider whether prisoners can appeal denials of their federal habeas corpus petitions if there is a circuit split on the issue underlying their petition, even if their home circuit has precedent against them.

  • October 13, 2026

    High Court Will Not Hear Fiat Chrysler Defect Row

    The U.S. Supreme Court on Tuesday declined to weigh whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement in an appeal brought by Fiat Chrysler in a proposed class action over allegedly defective Jeep and Dodge headrests.

  • October 13, 2026

    High Court Sends Back $28M Roundup Verdict After Durnell

    The U.S. Supreme Court on Tuesday remanded a case involving a $28 million award to a California man who developed non-Hodgkin lymphoma after using Monsanto's Roundup weed killer, following its recent ruling that federal law barred failure-to-warn claims over the pesticide.

  • October 13, 2026

    High Court Won't Take Up Texas A&M Prof's FMLA Appeal

    The U.S. Supreme Court refused Tuesday to review a Texas A&M University professor's lawsuit alleging she was denied tenure because of pregnancy-related time off, leaving in place a state court's conclusion that the college had immunity from her Family and Medical Leave Act claims.

  • October 13, 2026

    High Court To Consider DOGE FOIA Dispute

    The U.S. Supreme Court announced Tuesday it will review the D.C. Circuit's decision to greenlight limited discovery aimed at determining whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act.

  • October 13, 2026

    Justices Won't Eye 'Weaponized' Sanctions Of Election Attys

    Despite outrage among Ninth Circuit conservatives, the U.S. Supreme Court declined Tuesday to scrutinize six-figure sanctions of lawyers who challenged Arizona election protocols, leaving intact discipline designed to "send a message."

  • October 13, 2026

    High Court Won't Hear NYC Loft-Conversion Petition

    The U.S. Supreme Court on Tuesday declined to review a decision from New York's highest court determining that New York City fees for converting artist lofts into residential units are legally enforceable.

  • October 13, 2026

    Supreme Court Won't Weigh Employer-Knowledge OT Defense

    The U.S. Supreme Court declined on Tuesday to review whether an employer owes overtime pay if it did not have knowledge that the worker was putting in the extra hours, avoiding reconsideration of a Fifth Circuit ruling in a wage case against Texas Farm Bureau.

  • October 13, 2026

    Justices Turn Away Ex-Ruby Tuesday Execs' Benefits Case

    The U.S. Supreme Court on Tuesday rejected former Ruby Tuesday executives' bid for review of their claims that Regions Bank underpaid them after their deferred compensation benefits were liquidated in bankruptcy, turning away a case the ex-executives said presented a circuit split.

  • October 13, 2026

    Justices Won't Review Ohio's Out-Of-State Wine Sales Law

    The U.S. Supreme Court refused on Tuesday to review a Sixth Circuit ruling that found Ohio's law banning the shipment of wine to consumers in the state by out-of-state retailers is unconstitutional.

Expert Analysis

  • 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.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

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