Appellate

  • October 14, 2026

    10th Circ. Backs Asset Freeze In SEC Case Against Biotech

    The Tenth Circuit on Wednesday backed a lower court's order freezing a biotech firm's assets in a suit brought by the U.S. Securities and Exchange Commission accusing the company and its founders of misappropriating roughly $9 million.

  • October 14, 2026

    3rd Circ. Questions Limits On Review Of Removal Orders

    The full Third Circuit on Wednesday pressed the government on its position that courts can't review removal protection claims tied to reinstated deportation orders, questioning whether that would leave some noncitizens with limited or no judicial recourse.

  • October 14, 2026

    Havana Docks Wants $440M Cruise Cos. Judgment Revived

    The Eleventh Circuit is taking up a case on remand from the U.S. Supreme Court related to a $440 million judgment against four cruise companies for trafficking in property seized by Cuba, with ex-concessionaire Havana Docks Corp. arguing a lower court decision should be reinstated.

  • October 14, 2026

    High Court Won't Pause Mich. Activist Pretrial Jail Order

    The U.S. Supreme Court has rejected a bid by a self-described "antifa" member to halt a Sixth Circuit order sending him back to jail pending charges that he cyberstalked and threatened a social media supporter of U.S. Immigration and Customs Enforcement.

  • October 14, 2026

    Texas Court Wipes Out $8.9M Verdict In Shopper Assault Suit

    A Texas appellate court has overturned an $8.9 million verdict in favor of a grocery store customer who was assaulted by another shopper and suffered severe injuries, saying a certain negligence claim was improperly submitted to the jury.

  • October 14, 2026

    DC Circ. Not Fan Of EPA's Citation Habits In Methane Appeal

    The D.C. Circuit didn't seem too sure Wednesday morning whether the U.S. Environmental Protection Agency had behaved how it ought to have when extending compliance deadlines for initiating requirements to reduce methane pollution from the oil and gas sector.

  • October 14, 2026

    3rd Circ. Backs Pa. Regulator In Pipeline Approval Fight

    The Third Circuit on Wednesday affirmed a Pennsylvania regulator's approval of a Transcontinental Gas Pipe Line Co. project, ruling there was no evidence the water quality information pushed by environmental groups would have altered the outcome of the application.

  • October 14, 2026

    2nd Circ. Skeptical Of Reviving $4.4M 'Multiplex' COVID Suit

    A Second Circuit judge cast doubt Wednesday on a Connecticut medical practice's claim that insurers owe $4.4 million for COVID-19 testing, noting that the tests at issue were actually for nearly two dozen viruses and were vastly more expensive than those that only detected the novel coronavirus.

  • October 14, 2026

    US Backs Alaska In High Court Fight Over Plane Forfeiture

    The federal government has told the U.S. Supreme Court that Alaska is well within its right to confiscate "instrumentalities of crime" and the state's attempted forfeiture of an 83-year-old bush pilot's $95,000 plane for transporting a six-pack of beer to a dry village wasn't excessive.

  • October 14, 2026

    FirstEnergy Beats 3rd Circ. Appeal In Fatal Catwalk Fall Suit

    The mother of a construction worker killed by a collapsing catwalk can't sue the former operator of a Pennsylvania power plant because she hadn't shown FirstEnergy Corp. retained sufficient control over a demolition contractor to share liability, a split Third Circuit panel ruled Wednesday.

  • October 14, 2026

    Fla. Can Seek Death Penalty After Improper Waiver, Panel Says

    A Florida appeals court on Wednesday denied a defendant's bid to reconsider a ruling that allows prosecutors to seek the death penalty against him, finding that a death penalty waiver filed in his initial murder case had been improperly applied to a later superseding indictment.

  • October 14, 2026

    9th Circ. Blocks Calif. Law Requiring Fed Agents To Show IDs

    A Ninth Circuit panel on Wednesday reversed the implementation of a California law requiring federal agents to display identification, saying the Trump administration is "certain to succeed" on its argument that the state statute violates the U.S. Constitution's supremacy clause.

  • October 14, 2026

    Mass. Top Court Rejects Trade Secret Harm 'Presumption'

    Massachusetts' highest court on Wednesday declined to rule that a strong trade secrets case can establish a presumption of irreparable harm and entitle the owner of the secrets to a preliminary injunction.

  • October 14, 2026

    Litigation Funding Partners Clash Over Shift In Del. High Court

    Priority Pre-Settlement Funding LLC and Brett K. Findler urged the Delaware Supreme Court on Wednesday to revive claims accusing Findler's former business partner of quietly shifting their litigation-finance business into hedge funds the partner controlled, while the other side argued Findler knew about the new structure, agreed to it and helped put it in place.

  • October 14, 2026

    Panel Won't Revive Doctor's MedMal Suit Against Emory

    A Georgia appeals court declined Wednesday to reinstate a doctor's lawsuit against Emory Healthcare, ruling that the doctor's bankruptcy proceedings didn't extend the state's five-year deadline for bringing medical malpractice claims.

  • October 14, 2026

    Ohio High Court Raises Bar For Preindictment Delay Claims

    The Ohio Supreme Court on Wednesday ruled that prosecutors did not illegally delay charges when they brought a homicide charge against a father nearly 16 years after his daughter died, in an opinion that undid decades of case law in the state.

  • October 14, 2026

    Jenzabar Investors Ask Del. Justices To Revive $55M Suit

    Jenzabar Inc. and former members of New Media Investors II LLC, an investment vehicle formed to hold Jenzabar securities, clashed before the Delaware Supreme Court on Wednesday over whether the investors can revive their suit seeking roughly $55.25 million tied to the higher education software company's stock warrants, even though the investment vehicle was canceled in 2017.

  • October 14, 2026

    Fed. Circ. Upholds Patent Denial In SAWS-Bias Challenge

    The Federal Circuit on Wednesday swiftly upheld the U.S. Patent and Trademark Office's decision to deny an inventor's internal combustion engine patent application after he argued his constitutional rights were violated when his case was sent to the USPTO's controversial, now-discontinued Sensitive Application Warning System, or SAWS, program.

  • October 14, 2026

    11th Circ. Says Fla. Can Enforce Social Media Teen Ban

    The Eleventh Circuit has ruled that Florida can enforce its restrictions on social media for children, vacating and reversing a preliminary injunction that blocked the state's enforcement.

  • October 14, 2026

    Trade Court Can Order Refunds Without Suits, Fed. Circ. Told

    A subset of importers shouldn't be required to file suits at the U.S. Court of International Trade to receive refunds for tariffs paid that were deemed unlawful by the U.S. Supreme Court, the U.S. Chamber of Commerce and a technology trade organization told the Federal Circuit.

  • October 14, 2026

    Pa. County Urges Appeals Court To Revive Climate Suit

    A Pennsylvania county's lawsuit that accuses oil companies of concealing the impacts of fossil fuels on climate change isn't preempted by federal law and should be revived, a state appellate court heard Wednesday.

  • October 14, 2026

    Trustee Asks 1st Circ. To Nix Shuttered Bank Owner's Claims

    A Puerto Rico federal court properly dismissed claims against a trustee appointed to administer the receivership of a shuttered online bank suspected of facilitating tax evasion and money laundering, he told the First Circuit, saying he's entitled to 11th Amendment immunity because he was sued in his official capacity.

  • October 14, 2026

    Ga. Justices Zero In On Precedent In Election Board Battle

    The Georgia Supreme Court on Wednesday considered whether a decades-old state high court ruling allows Fulton County officials to reject two of the county Republican Party's nominees for the local election board, hinting that precedent could support the county's power to turn away the would-be board members.

  • October 14, 2026

    Full Fed. Circ. Won't Review Brick Duty Definition Holding

    The Federal Circuit said Wednesday that it won't reconsider its determination that the U.S. Court of International Trade properly found duty orders on certain heat-resistant bricks lack specific chemical makeup parameters, despite a claim the ruling ran afoul of precedent and will cause "devastating harm."

  • October 14, 2026

    Judge Questions Limits On National Guard Deployment

    Tensions rose in a D.C. federal courthouse Wednesday when a federal appeals court judge asked the government what the limiting principle is in the president calling up the National Guard.

Expert Analysis

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

  • Fed Autonomy Rests On Narrow Exception After Justices Rule

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    The U.S. Supreme Court’s recent decisions in Trump v. Cook and Trump v. Slaughter expand presidential removal power while temporarily preserving the Federal Reserve’s independence, but there is uncertainty about which of the Fed’s authorities fall within the court’s narrow monetary-policy exception, says Keith Bradley at Squire Patton.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

  • How Justices' TPS Ruling Affects Workforce Planning

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    The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

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