Appellate

  • February 03, 2026

    Pa. Juror's Lie Wins Ex-Trooper New Vehicular Homicide Trial

    Because a jury foreman lied and said he was childless, an off-duty Pennsylvania state trooper sentenced to up to 23 months in prison for crashing into and killing a mother of three will have a new trial, the Pennsylvania Superior Court ruled in a reversal.

  • February 03, 2026

    2nd Circ. Skeptical Anesthesia Group Suffered Antitrust Harm

    A Second Circuit panel seemed poised Tuesday to find that an anesthesiology practice didn't suffer an antitrust injury in its claim that a United Healthcare unit used its market power in New York to cut reimbursement rates.

  • February 03, 2026

    1st Circ. Pushes For Settlement In Mass. 'Right-To-Repair' Suit

    The First Circuit suggested Tuesday that major automakers and the Massachusetts Attorney General's Office should work together to resolve a suit over compliance with a state law requiring open access to vehicle telematics systems.

  • February 03, 2026

    Colorado Supreme Court Nominees For Vacancy Announced

    Colorado's nominating commission for the state's next Supreme Court justice has nominated three candidates for the high court's vacancy, the Colorado Judicial Branch announced Tuesday.

  • February 03, 2026

    Calif. Justices Rule Loose Pot Is Not 'Open Container'

    The California Supreme Court has ruled that the mere presence of loose cannabis in a vehicle doesn't trigger the state's "open container" law, but instead it must be in a usable quantity and readily accessible to the driver to create probable cause that justifies a search.

  • February 03, 2026

    Del. High Court Revives Noncompete Over Forfeited Equity

    The Delaware Supreme Court on Tuesday revived a fire and life-safety services company's bid to enforce postemployment restrictive covenants against a former executive, rejecting a lower court's conclusion that those covenants became unenforceable once the executive forfeited his incentive equity after being fired for cause.

  • February 02, 2026

    Calif. Justices Revive 'Unreadable' Arbitration Agreement Suit

    In a 6-1 decision, the California Supreme Court clarified on Monday that courts must "closely scrutinize the terms of difficult-to-read contracts for unfairness or one-sidedness," but the "illegibility" — font size, placement, prominence, etc. — of agreements do not themselves indicate that it is unconscionable.

  • February 02, 2026

    Ex-UCLA Gynecologist Secures Sex Abuse Retrial On Appeal

    A California appellate court Monday tossed sexual assault convictions against a University of California, Los Angeles, gynecologist and ordered a new trial, saying the trial court judge failed to tell defense counsel about a jury note detailing concerns that one of their peers didn't understand English well enough to deliberate.

  • February 02, 2026

    Conn. Justice Says Police Messed Up Warrant In Murder Case

    When police investigating a 2017 murder in Connecticut drafted a warrant for the suspect's cellphone data, they "messed it up" by failing to specify the relevant time zone, a state Supreme Court justice said Monday as the defense sought to shield the information under an expanded constitutional privacy right.

  • February 02, 2026

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.

  • February 02, 2026

    5th Circ. Panel Blushes At Starbucks Worker's Snapchat Notes

    A Fifth Circuit panel pressed the National Labor Relations Board to explain why Starbucks lacks the ability to fire a union organizer who used excessively colorful language in private messages to co-workers, saying Monday the language used would "make any of us blush."

  • February 02, 2026

    Zipcar Can't Be Liable For Renting To Drunk Driver, Panel Says

    A California appeals court has tossed claims against Zipcar in a suit accusing the online car rental platform of causing a passenger's catastrophic injuries by renting out a vehicle to a drunk customer, saying certain duties of care owed by traditional rental agencies don't apply to car-sharing companies.

  • February 02, 2026

    Staffing Agencies Beat Ill. Workers' BIPA Revival Bid

    An Illinois Third District Appellate Court panel has refused to reverse two staffing agencies' pre-trial win over manufacturing workers' claim that the agencies illegally collected their time-clock fingerprint data, saying simply helping another entity obtain such data cannot trigger liability under a statutory provision requiring informed consent to collect it.

  • February 02, 2026

    Fed. Circ. Grapples With AI Patent Eligibility In Amazon Case

    A Federal Circuit panel on Monday expressed skepticism about Rensselaer Polytechnic Institute's argument that an artificial intelligence-related patent it sued Amazon over was wrongly invalidated as abstract, though the court seemed wary of issuing a ruling that could render all AI unpatentable.

  • February 02, 2026

    DC Circ. Gets History Lesson As Tribe Fights For Utah Land

    The D.C. Circuit got a lesson in tribal history dating back to the 19th century as lawyers for the federal government and a Native American tribe argued Monday whether a congressional act gives the tribe compensable title to 1.5 million acres of Utah land where an oilfield lies.

  • February 02, 2026

    Judge Clears Apple Of Some Haptic Patent Claims

    A California federal judge has allowed Apple to escape some patent claims brought by a company that accused the tech giant of infringing the business's vibration technology patents, letting Apple escape literal infringement allegations related to its "monolithic products."

  • February 02, 2026

    Manatt Appellate Star Leaves To Join Duane Morris In LA

    Benjamin G. Shatz has joined Duane Morris LLP as a partner at the firm's appellate division of the trial practice group in Los Angeles, after spending more than two decades at Manatt, Phelps & Phillips LLP, according to an announcement issued Monday.

  • February 02, 2026

    Fed. Circ. Backs CIT's Objection To ITC Wholesale Redactions

    A Federal Circuit panel on Monday affirmed a U.S. Court of International Trade ruling finding the U.S. International Trade Commission was out of line in automatically making all questionnaire responses confidential, saying the CIT "struck the appropriate balance" between confidentiality and public access concerns.

  • February 02, 2026

    First Woman Justice Elected To Wash. High Court To Retire

    Washington State Supreme Court Justice Barbara A. Madsen, the first woman to be voted onto the court and the second-longest serving justice in state history, said Monday she plans to retire this spring after 33 years on the bench.

  • February 02, 2026

    Custodians Tell NJ Justices COVID Law Doesn't Preempt CBA

    School custodians urged the New Jersey Supreme Court on Monday to reinstate an award of extra money for their in-person work during the pandemic, arguing an arbitrator had a reasonably plausible interpretation of a state statute when he determined it didn't preempt the custodians' collective bargaining agreement.

  • February 02, 2026

    Colo. Justices Strike Down Laws Governing County Appeals

    The Colorado Supreme Court found two sections of Colorado law unconstitutional Monday because they allowed final judgments in county court cases to be appealed directly to the Colorado Court of Appeals.

  • February 02, 2026

    Del. Justices Won't Revive Suit Over Twitter Stock Sale Loss

    Delaware's Supreme Court rejected on Monday a Washington state software engineer's late-filed, pro se attempt to resurrect a suit seeking damages after his sale of Twitter shares when Elon Musk briefly balked at a $44 billion closing on his company in 2024.

  • February 02, 2026

    6th Circ. Upholds Stiffer Gun Sentence In Youth Offender Case

    The Sixth Circuit upheld assigning an increased offense level against a man who was participating in a youth diversion program for a separate criminal case, finding that because he was still under indictment, he should face an increased punishment under federal law.

  • February 02, 2026

    7th Circ. Hands Dead Packaging Worker's 401(k) To Ex-Wife

    The Seventh Circuit awarded the 401(k) account balance of a dead Packaging Corp. of America worker to his ex-wife Monday, concluding that a lower court erred in determining she wasn't entitled to benefits based on a fax requesting a beneficiary designation change that he transmitted after a divorce.

  • February 02, 2026

    2nd Circ. Partially Revives Suit Over NY Foster Care Rules

    A group of New York City children who were taken from their parents and placed into foster care have standing to challenge the legality of state rules preventing them from being placed with relatives with criminal histories, a Second Circuit panel determined on Monday.

Expert Analysis

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • False Ad Suit Shows Need For Clear, Conspicuous Disclosure

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    The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.

  • Justices' BDO Denial May Allow For Increased Auditor Liability

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    The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed against accounting firms, as it lets stand a 2024 Second Circuit ruling that provided a road map for pleading falsity with respect to audit certifications, says Dean Conway at Carlton Fields.

  • What To Expect From Justices' 401(k) Ruling, DOL Rulemaking

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    The U.S. Supreme Court's upcoming ruling in Anderson v. Intel, addressing alternative assets in defined contribution plans, coupled with the U.S. Department of Labor's recently proposed regulation on fiduciary duties in selecting alternative investments, could alleviate the litigation risk that has impeded wider consideration of such investments, say attorneys at Ropes & Gray.

  • Class Actions At The Circuit Courts: January Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five rulings from October and November, and identifies practice tips from cases involving consumer fraud, oil and gas leases, toxic torts, and wage and hour issues.

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