Appellate

  • February 10, 2026

    11th Circ. Revives Overtime Case For Death Investigators

    The work that six forensic death investigators performed was not directly linked to the general operations of a forensic pathology company, the Eleventh Circuit ruled Tuesday, ordering a new trial in the workers' suit seeking unpaid overtime.

  • February 10, 2026

    2nd Circ. Revives Photographer's Case Against Shutterstock

    The Second Circuit revived some of a landscape photographer's case against photo licensing database Shutterstock Inc. on Tuesday, finding that while there was nothing in evidence showing Shutterstock intended to change copyright management information, the company's "right and ability to control" the infringing activity should be litigated further.

  • February 10, 2026

    NC Justices Told Not To Disturb Lindberg's $122M Penalty

    A group of insurance companies that say convicted billionaire Greg Lindberg is responsible for their "financial ruin" are fighting to keep in place a $122 million contempt order against him, telling North Carolina's highest court there's no compelling reason to review the decision.

  • February 10, 2026

    NJ Panel Says Assault Finding Warrants Restraining Order

    A New Jersey appeals court on Tuesday ruled that a woman should be granted a restraining order after she successfully proved that her husband, with whom she is in the midst of divorce proceedings, assaulted her.

  • February 10, 2026

    Trump Admin. Appeals Limits On Protester Deportations

    The Trump administration has appealed a Massachusetts federal judge's order restricting its ability to deport noncitizen university professors and students who engaged in pro-Palestinian advocacy, arguing the sanctions went beyond the judge's power.

  • February 10, 2026

    2nd Circ. Upholds NYT's $2.4M Auto-Renewal Class Deal

    A Second Circuit panel on Tuesday upheld a class action settlement resolving claims that The New York Times Co. auto-renewed California users' subscriptions without proper notice, turning away an objection that said the $2.375 million deal was unfair and the lead plaintiff lacked standing.

  • February 10, 2026

    Elliott Affiliate Urges 3rd Circ. To Keep Citgo Sale On Track

    Amber Energy Inc. has asked the Third Circuit to reject appeals of an order accepting its multibillion-dollar bid for shares in Citgo Petroleum Corp.'s parent company, saying a lower court "came nowhere near abusing its discretion" and properly carried out the sale process.

  • February 10, 2026

    DOJ Pushes To Revive Comey, James Indictments

    Criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James were brought under a validly serving interim U.S. attorney and, therefore, never should have been dismissed, the U.S. Department of Justice argued in its opening brief in its consolidated appeal before the Fourth Circuit.

  • February 10, 2026

    Fla. Utility Says City Had No Power To Dissolve It

    A utility authority appointed by the Florida Legislature told an appeals court Tuesday that the city of Gainesville is "engaged in insurrection against the state government" by amending its charter to dissolve the agency.

  • February 10, 2026

    No 2nd Circ. Rehearing On $4M 'Bridgegate' Legal Fee

    The Second Circuit has denied the Port Authority of New York and New Jersey's request for it to rethink its decision reviving claims from former executive William E. Baroni Jr.'s claims seeking $4 million in legal fees stemming from his prosecution in the infamous Bridgegate scandal.

  • February 10, 2026

    4th Circ. Finds No Standing In SC Hemp Farmer's Raid Suit

    The Fourth Circuit on Tuesday declined to revive a hemp farmer's suit against more than 30 South Carolina officials over a raid that destroyed his hemp crop, finding that he failed to show that he has any standing to file the suit.

  • February 10, 2026

    Food Slicer Rivals End Patent Case Weeks Before 3rd Trial

    Weber Inc. and Provisur Technologies Inc. have told a federal district court and an appeals court that they were dismissing disputes between them over food slicer patents, ending a fight that saw a $21 million jury verdict thrown out and a second trial end in a mistrial.

  • February 10, 2026

    NJ Panel Nixes Amusement Park Co.'s Luxury Housing Suit

    A New Jersey appellate panel backed the permanent dismissal of an amusement park company's suit challenging a New Jersey luxury housing and retail project, ruling that the lower court rightfully decided that it lacked jurisdiction for the suit.

  • February 09, 2026

    Frontier Airlines To Face Racial Bias Suit On 9th Circ. Remand

    The Ninth Circuit on Monday largely revived a racial bias lawsuit against Frontier Airlines, saying in an unpublished opinion that a jury could possibly find for the father-and-son passengers based on the case's facts.

  • February 09, 2026

    6th Circ. Revives Drexel's Herbicide Contract Beef With Gowan

    The Sixth Circuit on Monday held that a Tennessee federal court misinterpreted a profit-sharing agreement resolving an herbicide product registration dispute between Drexel Chemical Co. and Gowan Co. LLC, siding with Drexel on when the agreement terminated and reviving Drexel's suit over it.

  • February 09, 2026

    Feds Want Bannon's Contempt-Of-Congress Conviction Axed

    Federal prosecutors on Monday moved to toss former White House adviser Steve Bannon's contempt-of-Congress conviction before a trial court, spurring the U.S. solicitor general to similarly ask the U.S. Supreme Court to vacate a D.C. Circuit judgment, which had rejected Bannon's advice-of-counsel defense and affirmed his conviction.

  • February 09, 2026

    9th Circ. Judge Casts Doubt On Feds' Grant Condition Stance

    A Ninth Circuit judge expressed skepticism Monday as the Trump administration argued it could legally impose new rules barring federal grant recipients from using the money for diversity programming, suggesting that the government had misread Title VI of the Civil Rights Act of 1964.

  • February 09, 2026

    Fed. Circ. Mulls Whether Digital Ad Patent Can Survive Alice

    An advertising management system company tried to persuade the Federal Circuit on Monday to revive its infringement suit against Google and YouTube, saying its patent was wrongly found to cover an abstract idea.

  • February 09, 2026

    Immigration Judge Ends Tufts Student's Removal Proceeding

    Tufts University graduate student Rümeysa Öztürk is no longer subject to removal proceedings, after an immigration judge ruled that the U.S. Department of Homeland Security had not shown that she should be deported, her lawyers said Monday.

  • February 09, 2026

    Goldstein's Defense Questions Missing Tax Emails

    Document retention at the outside accounting firm for SCOTUSblog founder Thomas Goldstein and his law firm took center stage at the U.S. Supreme Court lawyers' tax fraud trial Monday, as the defense claimed that the accountants' internal emails about Goldstein's tax returns were never produced despite being sought in subpoenas.

  • February 09, 2026

    4th Circ. Reopens Class Action Door In Navy Federal Bias Suit

    A panel of the Fourth Circuit said Monday that a federal district judge moved too quickly in foreclosing class action status in a lawsuit accusing Navy Federal Credit Union of mortgage lending discrimination, ruling that class allegations should not have been altogether struck down before discovery. 

  • February 09, 2026

    Texas AG Slams Animal Processing Plant's 'Death' Smell

    An animal byproducts processing plant in Bastrop, Texas, illegally spewed chemicals and foul odors that smelled like "death" into surrounding communities, Texas Attorney General Ken Paxton alleged Monday in an enforcement action. 

  • February 09, 2026

    9th Circ. Sides With Forest Service In $33M Ore. Wildfire Suit

    A Ninth Circuit panel Monday threw out a lawsuit from two Oregon lumber companies that accused the U.S. Forest Service of bungling its response to a 2020 wildfire in the Willamette National Forest, ruling that the agency can't be sued because it was acting within its discretion.

  • February 09, 2026

    Colo. Hight Court To Rule On Firearm Toolmark Admissibility

    Colorado's highest court agreed Monday to take up the validity of firearm toolmark analysis via two criminal cases that challenge the method of matching shell casings to specific weapons as unscientific and inadmissible under state evidence rules.

  • February 09, 2026

    Fed. Circ. Uses Alice To Scrap $2.5M Netflix Patent Verdict

    The Federal Circuit on Monday threw out a California jury's $2.5 million verdict against Netflix for infringing a GoTV Streaming LLC patent on wireless content delivery, agreeing with the streaming giant that the patent and two others are invalid because they cover only abstract ideas.

Expert Analysis

  • Takeaways From 8th Circ. Ruling On Worker's 'BLM' Display

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    The Eighth Circuit's recent decision in Home Depot v. National Labor Relations Board, finding that Home Depot legally prohibited an employee from displaying Black Lives Matter messaging on his uniform, reaffirms employers' right to restrict politically sensitive material, but should not be read as a blank check, say attorneys at Hunton.

  • NC Ruling Shows Mallory's Evolving Effects For Policyholders

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    A recent North Carolina decision, PDII v. Sky Aircraft, demonstrates how the U.S. Supreme Court's consequential jurisdiction decision in Mallory v. Norfolk Southern may permit suits against insurers anywhere they do business so long as the forum state has a business registration statute that requires submitting to in-state lawsuits, says Christopher Popecki at Pillsbury.

  • Malpractice Claim Assignability Continues To Divide Courts

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    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Tips For Financial Advisers Facing TRO From Former Firm

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    The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.

  • Pittsburgh Post-Gazette Closure Highlights Labor Law Stakes

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    The Pittsburgh Post-Gazette's recently announced closure, after the U.S. Supreme Court denied relief from an injunction mandating that the newspaper restore terms from its previous collective bargaining agreement, illustrates that prematurely declaring an impasse and implementing unilateral changes carries risk, says Sunshine Fellows at Freeman Mathis.

  • Unpacking Dormant Commerce Clause Cannabis Circuit Split

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    Federal courts have reached differing conclusions as to whether state-legal cannabis is subject to the dormant commerce clause, with four opinions across three circuit courts in the last year demonstrating the continued salience of the dormant commerce clause debate to the nation's cannabis industry, regulators and policymakers, say attorneys at Perkins Coie.

  • Texas AG Wields Consumer Protection Law Against Tech Cos.

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    Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

  • Emerging Themes In Nevada High Court Civil Litigation

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    The Nevada Supreme Court issued a series of significant civil rulings in 2025 that reflect recurring themes: a restrained approach to personal jurisdiction, heightened expectations of professionalism, close scrutiny of trial conduct, and a willingness to enforce contractual provisions that other jurisdictions might reject, says Michael Lowry at Wilson Elser.

  • What To Know As Courts Rethink McDonnell-Douglas

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    Although the U.S. Supreme Court declined the latest opportunity to address the viability of the McDonnell-Douglas burden-shifting framework used in employment discrimination and retaliation claims, two justices and courts around the country are increasingly seeking to abandon it, which could potentially lead to more trials and higher litigation budgets, say attorneys at Jackson Lewis.

  • A Primer On Law Enforcement Self-Defense Doctrine

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    In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • How Specificity, Self-Dealing Are Shaping ERISA Litigation

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    Several recent cases, including the U.S. Supreme Court's forthcoming ruling in Anderson v. Intel, illustrate the competing forces shaping excessive fee litigation, with plaintiffs seeking flexibility, courts demanding specificity, fiduciaries facing increased scrutiny for conflicts of interest, and self-dealing amplifying exposure, says James Beall at Willig Williams.

  • Contract Disputes Recap: Terminations Galore

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    Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

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