Appellate

  • September 23, 2026

    2nd Circ. Hints $7.25M Mansion Sale Stands In Guo's Ch. 11

    Second Circuit judges poked holes Wednesday in the claim that the wife of a bankrupt Chinese billionaire was in charge of a company that owned a contested $7.25 million Connecticut mansion, eliciting a concession from her attorney that there is evidence her husband was actually calling the shots.

  • September 23, 2026

    Vividion Investor Wants IP Suit Over $2B Bayer Deal Revived

    CHP III LP urged the Delaware Supreme Court on Wednesday to revive its suit over allegedly diverted intellectual property in Vividion Therapeutics Inc.'s $2 billion sale to Bayer Corp., while the defendants argued the investor is trying to turn a corporate injury into a direct stockholder claim that did not survive the merger.

  • September 23, 2026

    Del. Justices Weigh If Corporations Can Vote In Beach Town

    The ACLU of Delaware urged the state's high court Wednesday to revive its challenge to Fenwick Island's practice of allowing property-owning corporations and other artificial entities to vote in municipal elections, arguing the system unlawfully dilutes residents' votes.

  • September 23, 2026

    Fla. Panel Won't Hear City's Immunity Bid In Partnership Suit

    A Florida state appellate panel issued a split decision on Wednesday dismissing a bid by a city to overturn an order striking its motion to argue for immunity in a lawsuit over a public-private partnership to build a green waste facility near protected wetlands, saying it lacks jurisdiction. 

  • September 23, 2026

    3rd Circ. Bars Early Probation Termination Bids Before 1 Year

    In a precedential opinion Wednesday, the Third Circuit held that a defendant seeking early termination of supervised release must serve at least one year of the current supervised release term before petitioning the court.

  • September 23, 2026

    Ute Tribe Says Split-Estate Lands Remain Indian Country

    The Ute Indian Tribe has urged the Tenth Circuit to overturn a Utah federal judge's ruling that the surface of split-estate lands within its reservation's original boundaries is not Indian Country, arguing the appellate court settled the issue decades ago.

  • September 23, 2026

    'Hanging In There' Doesn't Ax Disability Claim, 9th Circ. Says

    "Hanging in there" and working through the pain of a worsening disability is not a reason to reject the testimony of someone seeking Social Security benefits, the Ninth Circuit ruled Wednesday.

  • September 23, 2026

    Board Eases Burden Over Migrant Drug Use Admission

    The Board of Immigration Appeals upheld an immigration judge's decision finding a Mexican national ineligible for status adjustment because he had admitted to possessing and using cocaine, finding no obligation to first inform him of the offense's particular legal elements.

  • September 23, 2026

    Legal Groups Back Firm In NC High Court Malpractice Appeal

    Legal advocacy groups are standing behind the law firm Hedrick Gardner Kincheloe & Garofalo LLP in asking North Carolina's highest court to find that the state's four-year statute of repose on legal malpractice claims creates an immovable end-date to liability.

  • September 23, 2026

    KCSR Appeals STB's BNSF Terminal Trackage Rights Ruling

    Canadian Pacific Kansas City subsidiary Kansas City Southern Railway is asking the D.C. Circuit to overturn a Surface Transportation Board ruling that set the price BNSF Railway will pay to use a nine-mile conduit for petroleum and chemical shipping in Louisiana, in an appeal filed this week.

  • September 23, 2026

    Fed. Grants Bind Railways To Fed. Labor Law, NMB Argues

    The Eleventh Circuit should affirm a Florida federal judge's finding that a high-speed rail operator is subject to the Railway Labor Act, the National Mediation Board argued, saying the operator can't wriggle its way out of complying because it runs an intercity rather than interstate rail line.

  • September 23, 2026

    Ga. Appeals Court Says Atlanta Can't Escape Injury Verdict

    The Georgia Court of Appeals on Wednesday said a trial court rightly refused to set aside a $140,000 verdict against the city of Atlanta in a woman's lawsuit over a broken wrist she said she suffered when she tripped over the metal remnants of a traffic sign on the sidewalk. 

  • September 23, 2026

    Judge Won't Overturn $5M American Axle Win In Patent Case

    Neapco Holdings LLC has lost its bid to dodge paying a $5.2 million award in a patent suit from American Axle after a Delaware federal judge found that there was enough evidence to back the jury's finding and that the monetary amount wasn't excessive.

  • September 23, 2026

    9th Circ. Says Pre-2013 Life Policies Needn't Get Lapse Forms

    Life insurers are not required to send designation forms to California policyholders whose policies were issued before 2013, when a state law requiring carriers to provide applicants with a form to designate another individual to receive notice of a lapse or termination went into effect, the Ninth Circuit ruled.

  • September 23, 2026

    State Pols Urge Justices To Rein In Kalshi's Sports Offerings

    A coalition of state lawmakers has urged the U.S. Supreme Court to review a Third Circuit decision allowing Kalshi to keep its sports offerings online in New Jersey, emphasizing that sports betting oversight must be left to the states.

  • September 22, 2026

    Feds' Latest Permit For Calif. Pipeline Challenged At 9th Circ.

    Environmental groups are urging the Ninth Circuit to review Trump administration's recent decision approving operations of two coastal California oil pipeline segments, including one that was shut down for years following a 2015 oil spill, saying on Tuesday that the new permit waives key safety requirements.

  • September 22, 2026

    Hydropower Plant Needs More Monitoring, Wash. Panel Says

    A Washington appeals panel broadly upheld the state's certification of a hydroelectric power project near the Columbia River on Monday, although the court said officials need to impose additional monitoring and reporting requirements to address potential leakage into the surrounding watershed.

  • September 22, 2026

    Big Tech Backs Samsung At Fed. Circ. Over Patent Injunctions

    Top technology companies and various industry groups have urged the Federal Circuit to deny Collision Communications an injunction after the patent owner's $445.5 million infringement verdict against Samsung, saying an injunction would undermine U.S. Supreme Court precedent.

  • September 22, 2026

    9th Circ. Wipes Out $140M Class Verdict Against CenturyLink

    The Ninth Circuit overturned a $140 million class verdict against CenturyLink on Tuesday, holding that the company's reasonable interpretation of the Fair Credit Reporting Act shielded it from liability for willful violations when it pulled consumers' credit reports during online orders for internet service.

  • September 22, 2026

    Panel Hints Hill Wallack May Face Revived Malpractice Suit

    A New Jersey state appeals court panel on Tuesday appeared troubled by a trial judge's decision to toss a malpractice suit accusing Hill Wallack LLP of mishandling the defense of a family facing labor trafficking allegations, repeatedly asking counsel whether the lower court made the factual findings required before imposing the system's harshest sanction.

  • September 22, 2026

    Colo. Justices Mull Trial Court's Authority In Water Rights Suit

    The Colorado Supreme Court grappled Tuesday with ranchers' bid for the justices to overturn a water court's order allowing a change of water right for a right they say was not at issue, questioning counsel on the water court's authority to impose certain conditions in the neighbors' 10-year legal battle.

  • September 22, 2026

    High Court Told Sony Win In $500M Patent Case Flouted Law

    The owner of a patent that Sony's PlayStation controllers were cleared of infringing has told the U.S. Supreme Court that the Federal Circuit's decision applied a rule found nowhere in the statute governing functional patent claims or in high court precedent.

  • September 22, 2026

    Lender's $8.1M In Losses Were 'Self-Inflicted,' 11th Circ. Told

    The former CEO of a lender that financed independent insurance marketers has urged the Eleventh Circuit to reverse an $8.1 million trial judgment for breaching his work terms, arguing that the damages sustained by his previous employer were "self-inflicted." 

  • September 22, 2026

    Fed. Circ. Revives VA Fellow's AI Whistleblower Claim

    A Federal Circuit panel on Tuesday revived a former technology fellow's challenge to the U.S. Department of Veterans Affairs' decision removing him from his position after he raised concerns over the agency's artificial intelligence tool used for processing disability benefits claims.

  • September 22, 2026

    Wash. Appeals Court Revives Colo. Tax Payment Dispute

    Whether intercompany payments count as profit, royalties or taxable management fees is a disputed question of fact, a Washington state appellate panel said Tuesday, ordering back to a trial court a dispute over whether a Colorado company and its affiliates owe Washington's business and occupation tax.

Expert Analysis

  • Navigating The Limits Of Calif. Justices' Public Pension Ruling

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    Despite the California Supreme Court's recent holding that counties and cities wield discretion over classification and salary decisions for their public retirement board staff, it is important to remember that such authority is not unchecked as unreasonable rejections remain subject to judicial review, say attorneys at Reed Smith.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Del. High Court Ruling Signals Next Post-Jarkesy Phase

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    The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

  • How 'Settled Expectations' Affect Amazon's Patent Program

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    Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

  • Fla. Justices Give Trial Judges More Dismissal Discretion

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    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

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    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

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    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

  • QVC Ch. 11 Confirmation Shows Independent Directors' Value

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    QVC's recently confirmed Chapter 11 plan joins a growing body of restructuring precedent demonstrating that well-functioning independent director frameworks can create the evidentiary and governance foundation necessary to resolve complex intercompany disputes, preserve value and secure judicial approval of contested transactions, say attorneys at Choate.

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