Appellate

  • April 09, 2026

    Colo. Appeals Court Upholds State Sanctuary Law

    A Colorado law that prohibits counties from entering into immigration detention agreements with the federal government does not violate the state's constitution, the Colorado Court of Appeals held Thursday in rejecting Douglas County's challenge to the law.

  • April 09, 2026

    Miami Police Chief's Firing Was Justified, 11th Circ. Told

    Former Miami officials urged the Eleventh Circuit on Thursday to dismiss retaliation claims against them, arguing they're immune from a lawsuit brought by a police chief who alleged he was wrongfully terminated after informing the FBI and state law enforcement officials that corruption was occurring within the city.

  • April 09, 2026

    1st Circ. Sees Rationale For Puerto Rico 'X' Birth Marker Ban

    A First Circuit panel floated a possible legal pathway for Puerto Rico to refuse to add a neutral gender option on birth certificates Thursday as the commonwealth appealed a mandate to permit nonbinary people to change their gender to "x."

  • April 09, 2026

    Wash. Justices Oust Judge Pro Tem Over Forged Parking Doc

    Washington's highest court voted unanimously Thursday to remove a substitute judge from his King County District Court post for forging a court document in an effort to save $10 on daily parking costs.

  • April 09, 2026

    Philip Morris, RJR Keep Win In Widower's Death Suit

    A Massachusetts appeals panel Thursday refused to reinstate a suit from a widower against Philip Morris USA Inc. and R.J. Reynolds Tobacco Co. over the death of his wife from COPD, saying he hadn't properly preserved his arguments for tolling the statute of limitations.

  • April 09, 2026

    Ex-Player Asks NC Justices To Revive School Negligence Suit

    A former college football player is urging North Carolina justices to take up his appeal and rule that a lower court was wrong to hand a pretrial win to Gardner-Webb University, arguing a jury should decide if the school took reasonable care to protect him from "attempted murder."

  • April 09, 2026

    9th Circ. Nixes Tribe's Bid To Vacate Union Card Check Award

    A California Native American tribe can't undo an arbitration award requiring it to follow the guidelines for union representation elections outlined in its 2017 agreement with UNITE HERE, the Ninth Circuit has ruled.

  • April 09, 2026

    Nonprofit Insurer Wants To Seek AstraZeneca Claims Revival

    EmblemHealth asked a Massachusetts federal judge to let it seek First Circuit intervention against a decision that cut in half its proposed class action accusing AstraZeneca unit Alexion of using sham patents to protect blood disorder treatment Soliris from biosimilar rivals.

  • April 09, 2026

    Texas Man On Death Row Seeks Pause For New Evidence

    An incarcerated man on death row in Texas has asked a state pardon board to push back his execution date so he can present new evidence he says proves that his cousin, not him, committed a pair of murders nearly 20 years ago.

  • April 09, 2026

    Attys, Scholars Can Back Khalil In 3rd Circ. Detention Fight

    The Third Circuit granted three separate motions from civil rights groups, immigration experts and habeas scholars Thursday to file amicus briefs supporting Mahmoud Khalil's request for en banc review of a precedential decision that cleared the way for the government to continue detaining the Columbia University activist.

  • April 09, 2026

    Report Finds No Evidence Mass. Judge, Prosecutor Had Affair

    A former Massachusetts state court judge and a county prosecutor were cleared in a special master's report made public Thursday about anonymous accusations that they were having an affair while he was presiding over her cases.

  • April 09, 2026

    Zillow, Redfin Ask To Use 4th Circ. NCAA Ruling In FTC Suit

    Property listing giants Zillow and Redfin asked a Virginia federal court to let them use a recent Fourth Circuit ruling for an NCAA case to bolster their dismissal bid against antitrust claims filed by the Federal Trade Commission and multiple states.

  • April 09, 2026

    Green Card Redo Moots Suit Over Denial, 10th Circ. Says

    A Tenth Circuit panel said a federal judge was right to toss a suit challenging a green card denial after U.S. Citizenship and Immigration Services reopened the application and denied it again when the applicant failed to provide requested information.

  • April 09, 2026

    DOL Urges 11th Circ. To Scrap ERISA Exhaustion Rule

    The U.S. Department of Labor urged the full Eleventh Circuit to overturn precedent making it the only appellate court requiring workers to exhaust administrative remedies before bringing any statutory claims under the Employee Retirement Income Security Act. arguing that the standard is unfair and in conflict with ERISA.

  • April 09, 2026

    PNC Tells Justices $233M Patent Win Was Rightly Axed

    PNC Bank told the U.S. Supreme Court to leave untouched a Federal Circuit ruling that nixed a set of $233 million patent infringement verdicts in suits brought by the United Services Automobile Association, saying USAA's patents were "plainly directed to an abstract idea" not eligible for patent protection.

  • April 09, 2026

    US Again Urges High Court To Back Drug Price Program

    The administration of President Donald Trump again urged the Supreme Court not to hear a challenge to the Medicare drug price negotiation program, arguing against a constitutional challenge brought by Boehringer Ingelheim that drug companies aren't forced to accept lower prices because they can choose not to participate. 

  • April 09, 2026

    5th Circ. Revives Reinsurance Broker Row Over Credit Mishap

    The Fifth Circuit revived a suit by an insurer's owner alleging that its broker failed to administer its reinsurance program properly, leading to over $100 million in losses when it discovered the program lacked a valid line of credit.

  • April 08, 2026

    3rd Circ. Asked To Undo Atty Fees For ICE Cooperation Suit

    A former Bucks County, Pennsylvania, sheriff asked the Third Circuit on Wednesday to undo a $35,000 attorney fee award granted to groups that remanded their case over his cooperation with U.S. Immigration and Customs Enforcement, arguing the case belonged in district court because he'd effectively become a federal officer.

  • April 08, 2026

    Fla. Panel Told New Proposals Don't Protect Natural Springs

    A nonprofit urged a Florida state appellate panel Wednesday to overturn an administrative judge's decision siding with an agency's proposed rules for protecting natural springs, arguing the permitting measures are essentially the same as existing ones and do nothing to prevent overconsumption. 

  • April 08, 2026

    DC Circ. Allows DOD To Ax Anthropic Contracts Amid Review

    The D.C. Circuit Wednesday shot down Anthropic's request for an emergency order temporarily barring the U.S. Department of Defense from designating the artificial intelligence company as a national security risk while Anthropic's appeal plays out, although it agreed to expedite the appeal.

  • April 08, 2026

    Fed. Circ. Questions Specificity Needed In Oxy IP Invalidation

    A Federal Circuit panel expressed frustration with attorneys from both Purdue Pharma LP and generic-drug maker Accord Healthcare Inc. Wednesday as it tried to navigate whether the Delaware district court order invalidating Purdue's abuse-deterrence patent was explicit enough.

  • April 08, 2026

    NY Panel Skeptical Of TikTok Bid To Ax AG's Addiction Suit

    A five-judge appellate panel Wednesday voiced doubts about TikTok's bid to dismiss the New York attorney general's claims that the social media platform is an addictive product that targets and harms children, pushing back on the company's free speech defense.

  • April 08, 2026

    NJ Bank Can't Get Conversion Plan Revived On Appeal

    A New Jersey appellate court panel on Wednesday affirmed a ruling that the board of a savings-and-loan bank improperly adopted a plan to convert into a mutual savings bank to block an activist investor from gaining board seats.

  • April 08, 2026

    Juror Nondisclosure Can't Trigger Crash Retrial, Panel Says

    A car crash plaintiff who sought $1 million in damages but was awarded only $20,000 can't get a new trial because of juror misconduct, a Florida state appeals court ruled Wednesday, saying a juror's lengthy legal history could have been easily uncovered online.

  • April 08, 2026

    7th Circ. Questions Internet Scammer's Phone Search Appeal

    A Seventh Circuit judge seemed skeptical Wednesday of a Chicago area fraudster's argument that federal border protection agents needed a warrant before searching his cell phones for evidence of romance, mystery shopper and other scams that he received a nine-year prison sentence for leading.

Expert Analysis

  • Human Authorship Is Still Central To Copyright Eligibility

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    In declining to review the D.C. Circuit's ruling in Thaler v. Perlmutter — holding that a work purely generated by artificial intelligence cannot be copyrighted — the U.S. Supreme Court has reinforced the human authorship requirement, so it is critical for creators of AI-assisted projects to document their involvement, say attorneys at Morgan Lewis.

  • Resolving The Conflict In 2nd Circ. Foreign Discovery Rulings

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    The Second Circuit recently issued two seemingly inconsistent decisions regarding the federal statute that permits U.S. discovery for purposes of a foreign proceeding, but the unifying feature appears to be the broad scope for district court discretion under Section 1782, say attorneys at Katsky Korins.

  • How 2nd Circ. Gave Loper Bright Real Force In SEC Cases

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    The Second Circuit's recent decision in U.S. Securities and Exchange Commission v. Amah offers one of the first clear indications of how courts will operationalize Loper Bright, signaling that long-standing SEC enforcement theories resting on ambiguous definitional provisions are now subject to more rigorous judicial scrutiny, say attorneys at Morgan Lewis.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • Opinion

    Time To Fix The Accountability Gap In Freight Logistics

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    In Montgomery v. Caribe Transport, the U.S. Supreme Court must resolve an urgent question: whether freight broker selection in trucking accidents is categorically protected — meaning unreasonable safety decisions are insulated from liability — or subject to accountability under traditional negligence principles, says Amanda Demanda at Amanda Demanda Injury Lawyers.

  • 2 Strands Of Patent Law In High Court's 'Skinny Label' Case

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    Amarin v. Hikma, which is set for oral argument in the U.S. Supreme Court this month, highlights the distinction between two different strands of intellectual property law — analogizing a patent to either a property deed or a home, says Jonas McDavit at Spencer West.

  • Justices' Geofence Ruling May Test 4th Amendment's Future

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    When the U.S. Supreme Court decides in Chatrie v. U.S. whether law enforcement may use geofence warrants to compel Google to disclose location history data, the ruling is likely to become an important statement about the future of Fourth Amendment law in data-driven investigations, says Duncan Levin at Levin & Associates.

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    In the first quarter of 2026, New York's banking developments were headlined by initiatives to expand oversight of financial institutions and strengthen consumer protection laws, including a new framework for buy now, pay later lenders, a sweeping debt collection rule and a revised corporate self-disclosure program for financial crimes, say attorneys at Proskauer.

  • Seeking A Policy Fix As Merger Reporting Fight Continues

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    A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.

  • Opinion

    Wash. Amazon Ruling Should Reshape Suicide Liability

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    The Washington Supreme Court's reinstatement of negligence claims in Scott v. Amazon.com, brought by the families of people who died by suicide after purchasing chemicals online, signals a reckoning for digital commerce and the rejection of the defense that online marketplaces are merely passive technology platforms, says Donald Fountain at Clark Fountain.

  • Axed Trade Secret Award Cautions Against Bundling Damages

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    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • 2 Rulings Poke Holes In Mandatory Restitution Framework

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    The U.S. Supreme Court’s recent ruling in Ellingburg v. U.S., as well as the Third Circuit’s recent ruling in U.S. v. Abrams, provide criminal defense practitioners with new tools to challenge Mandatory Victims Restitution Act orders, and highlight several restitution-related issues that converged in the recent prosecution of former Frank CEO Charlie Javice, say attorneys at Lankler Siffert & Wohl.

  • Pivotal 6th Circ. Ruling Threatens Decades Of NLRB Decisions

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    The Sixth Circuit's recent decision in Brown-Forman v. National Labor Relations Board fundamentally challenged the NLRB's long-standing practice of establishing policies through adjudication rather than formal rulemaking, giving employers and unions a new avenue to procedurally attack the vast majority of its rules, say attorneys at Faegre Drinker.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Exploring When Fraud Asset Freezes Limit Right To Pick Atty

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    The defendant’s claim in the Seventh Circuit’s pending U.S. v. Shah case that the government restrained his assets until he couldn’t afford his chosen counsel presents a useful case study in how criminal forfeiture procedure interacts with U.S. Supreme Court rulings on Sixth Amendment rights and appealing complex fraud convictions, says Elisha Kobre at Sheppard.

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