Appellate

  • November 09, 2026

    Fla. Court Says Probation Violation Sentence Was Vindictive

    A Florida appeals court reversed a woman's five-year prison sentence for a probation violation and remanded her case for resentencing before a different judge after finding that she was likely subjected to vindictive sentencing for requesting a hearing.

  • November 09, 2026

    High Court Disbars Judicial Watch Founder Larry Klayman

    The U.S. Supreme Court on Monday disbarred Judicial Watch founder and Florida conservative activist attorney Larry Klayman following his 18-month suspension issued last year by the D.C. Court of Appeals. 

  • November 09, 2026

    2nd Circ. Affirms $19.5M Win For Scholastic In Insurance Fight

    The Second Circuit has upheld a $19.5 million judgment for Scholastic Inc. following a fight with a Travelers unit over whether the insurer had to cover Scholastic's litigation expenses in a separate copyright and trademark infringement case.

  • November 09, 2026

    2nd Circ. Says Connecticut Cop's Firing Claims Were Too Late

    A Connecticut police sergeant who has fought discipline for excessive force since 2020 cannot proceed with federal constitutional claims against the city of Torrington, a Second Circuit panel ruled Monday in finding that the statute of limitations lapsed before he filed suit.

  • November 09, 2026

    Goldstein Says Gov't Conceded Key Trial Errors

    SCOTUSblog co-founder Thomas Goldstein told the Fourth Circuit that the federal prosecutors who netted 12 tax and mortgage fraud convictions effectively conceded they hid evidence by steering a key witness to new testimony mid-trial and had reversed their stance on jury instructions, two key issues in Goldstein's appeal.

  • November 09, 2026

    Supreme Court Weighs Ending Decades-Old Bivens Doctrine

    A staff nurse at the Federal Detention Center in Honolulu asked the Supreme Court on Monday to eliminate a 55-year-old legal doctrine allowing people to sue federal government officials for damages over constitutional injuries they suffer at their hands, arguing the doctrine violates the separation of powers and must be overruled.

  • November 09, 2026

    Texas Court Affirms Most Of $7.1M Nursing Home Injury Win

    A Texas appeals court has affirmed the bulk of a $7.1 million injury verdict in favor of a nursing assistant over injuries she sustained while moving an obese patient from his bed to a wheelchair, finding that the evidence supports the negligence finding.

  • November 09, 2026

    DOJ's Civil Division Head Joins Agency Exits After Midterms

    The leader of the U.S. Department of Justice's Civil Division, Brett A. Shumate, on Monday became at least the fifth top DOJ official to step down following Republicans' defeat in last week's midterm elections.

  • November 09, 2026

    NJ High Court Disbars Atty Convicted Of $350K COVID Fraud

    An attorney sentenced to 21 months in prison for a wire fraud conviction in a case where he stole nearly $350,000 earmarked for small businesses amid the COVID-19 pandemic has also been disbarred.

  • November 09, 2026

    Hospital Can't Redo Nurses Union Row, NLRB Says

    An Oregon hospital cannot win remand of its case challenging a National Labor Relations Board order requiring the hospital to bargain with a nurses union, the board has told the D.C. Circuit, claiming the hospital can't relitigate issues over the union's certification it should have raised in an underlying case.

  • November 09, 2026

    Kirkland Furthers Texas Growth With Gibson Dunn Litigator

    Kirkland & Ellis LLP announced on Monday that it has deepened its appellate and litigation benches with a Dallas-based partner who came aboard from Gibson Dunn & Crutcher LLP.

  • November 09, 2026

    City-Owned Parking Ramp Tax-Exempt, Minn. Justices Told

    Portions of a parking ramp owned by the city of Duluth, Minnesota, and leased to a for-profit hotel should not be subject to property taxation, the city told the state Supreme Court, seeking reversal of a state tax court ruling.

  • November 09, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week cleared the way for Cloudflare Inc. to seek immediate review of an injunction blocking a stock restructuring designed to preserve its founders' control, while setting a January hearing in a similar dispute over Meta Platforms Inc.'s plan to create nonvoting shares.

  • November 09, 2026

    Landowners Ask Justices To Weigh High-Voltage Line Surveys

    A group of Maryland landowners asked the Supreme Court to review a Fourth Circuit decision allowing Public Service Energy Group access to survey the route of a proposed 67-mile high-voltage transmission line, based on a trial court finding that the company would likely win eminent domain entry.

  • November 09, 2026

    Pharmacy Tech's COVID Vax Bias Suit Falls Short At 7th Circ.

    The Seventh Circuit refused to reopen a suit alleging an Illinois county hospital fired a pharmacy technician for requesting a religious exemption from the COVID-19 vaccine, saying it was bound by a recent ruling nixing a similar case.

  • November 09, 2026

    Justices Let DOJ Argue In Case Over Criminal Jury Size

    The U.S. Supreme Court on Monday agreed to allow the federal government to join oral arguments in a case that could decide whether Florida and several other states can continue using juries of fewer than 12 people in serious criminal cases.

  • November 09, 2026

    Justices Turn Down 'Antifa' Activist's Bid For Pretrial Release

    The U.S. Supreme Court on Monday declined to hear a self-described "antifa" member's argument that he should be released from jail while he awaits trial on charges that he cyberstalked and threatened a social media supporter of U.S. Immigration and Customs Enforcement.

  • November 09, 2026

    Justices Turn Away Mexican American Teacher's Bias Suit

    The U.S. Supreme Court declined on Monday to review a teacher's discrimination suit claiming he was fired out of bias for his Mexican American ancestry, leaving intact a Fifth Circuit decision that concluded he hadn't shown that teachers of different races received better treatment.

  • November 09, 2026

    Justices Decline Review In Real Estate Row Over Pot Biz

    The U.S. Supreme Court on Monday declined to hear a real estate developer's case against the city of Pontiac, Michigan, alleging municipal officials violated constitutional rights by delaying approvals of a proposed cannabis operation until it was no longer viable.

  • November 09, 2026

    Justices Seek US View On Pharma's Iraq Terror Liability

    The U.S. Supreme Court on Monday invited the U.S. solicitor general to opine on a lawsuit accusing pharmaceutical companies of aiding a Hezbollah-linked militia's terrorist activities in Iraq, after the D.C. Circuit held the plaintiffs adequately alleged that the companies' participation was conscious and voluntary.

  • November 09, 2026

    High Court Turns Away Builder's 6th Circ. NLRB Challenge

    The U.S. Supreme Court declined Monday to rethink how courts interpret the contours of National Labor Relations Board policies, rejecting a builder's challenge to a Sixth Circuit ruling permitting a union to withdraw from group contract negotiations.

  • November 09, 2026

    Justices Pass On Reviewing MS Drug Arbitration Feud

    The U.S. Supreme Court on Monday passed on reviewing a Second Circuit decision that refused to add some $66 million to a $16.6 million arbitral award issued to Acorda Therapeutics in a multiple sclerosis drug dispute, rejecting a petition that sought clarity on when an arbitrator "manifestly disregards" the law.

  • November 09, 2026

    Justices Won't Review Sony's Defeat Of $500M Patent Suit

    The U.S. Supreme Court on Monday refused to hear an appeal of a decision that Sony's PlayStation controllers don't infringe a computer input device patent, shutting down the patent owner's bid to revive the $500 million case.

  • November 09, 2026

    High Court Passes On Roberto Clemente Plate TM Dispute

    The U.S. Supreme Court on Monday declined to take up a dispute between Roberto Clemente's sons and Puerto Rico over commemorative license plates bearing the baseball legend's name and image.

  • November 09, 2026

    Justices Won't Revisit Toss Of White Anchor's Race Bias Suit

    The U.S. Supreme Court refused Monday to review a white former news anchor's lawsuit alleging she was fired because of her race and replaced with a Black woman, despite her argument that the Fifth Circuit used an improperly high standard when dismissing her case.

Expert Analysis

  • Conflicting Rulings Cloud NCAA Eligibility Rule

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    The NCAA's adoption of the five-to-five eligibility rule has resulted in a genuinely fractured landscape, with the qualification for members of the class of 2022 essentially dependent upon the location of the athlete and the institution rather than on the underlying facts of the case, says Andrew Hope at Buchanan Ingersoll.

  • A Lesson On How Courts Approach Impossible Patent Claims

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    The Federal Circuit's recent decision in Satius v. Samsung, concluding that a scientifically impossible patent claim lacks enablement, underscores important considerations when drafting patent claims with potentially incompatible alternatives, and highlights an uncommon strategy for attacking patent validity via claim construction, say attorneys at Buchanan Ingersoll.

  • Opinion

    The Invisible AI Danger That May Undermine Legal Profession

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    A public database tracking cases involving hallucinations generated by artificial intelligence recently surpassed 2,200 entries, but the bigger risk underlying attorneys’ use of such tools is that they will slowly surrender their judgment to AI and lose analytical skills, says Massachusetts District Court Associate Justice Brian Palmucci.

  • Full Policy Payment May Not Bar Insurer Bad Faith In 9th Circ.

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    Establishing that an insurer acted within its contractual rights likely disposes of a breach-of-contract claim, however, following the Ninth Circuit's recent ruling in Quilbillies v. First American Title Insurance, the same showing may not dispose of bad faith, says Tracy Garcia at Cozen O'Connor.

  • What Axing ERISA Exhaustion Rule Means For Plan Sponsors

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    The Eleventh Circuit’s recent reversal of a 40-year precedent requiring plaintiffs to exhaust administrative remedies before filing statutory Employee Retirement Income Security Act claims eliminates a common threshold defense in fiduciary breach suits, making it important for plan sponsors to reassess their internal review and litigation strategies, say attorneys at Nelson Mullins.

  • Courts Signal Higher FCRA Bar For Identity Theft Claims

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    Recent rulings adopting a heightened, "objectively and readily verifiable" inaccuracy standard may give credit furnishers stronger defenses to identity theft-related Fair Credit Reporting Act claims in the Ninth Circuit, while requiring them to continue documenting thorough dispute investigations, says Brian Kiolbasa at Ballard Spahr.

  • The Patent Circuit: Minding Patents' Family Histories

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    The Federal Circuit's recent decision in Epic Tech v. Pen-Tech highlights the relevance of patent families in determining whether to maintain an ongoing patent infringement litigation, and the sanctions risk that may stem from failing to account for patent relatives, say attorneys at Knobbe Martens.

  • 9th Circ. Waters Ruling Shows Sackett's Ripple Effects

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    The Ninth Circuit's recent decision in Inland Empire Waterkeeper v. Corona Clay demonstrates that the U.S. Supreme Court's "waters of the U.S." ruling in Sackett v. U.S. Environmental Protection Agency can reopen cases already tried to verdict, thus changing expectations around citizen suits and stormwater enforcement in California, says Jacob Lubarsky at Rogers Joseph.

  • Calif. High Court Ruling Eases Path To Excess Coverage Suits

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    Following a recent California Supreme Court ruling in Fox Paine v. Twin City Fire Insurance, policyholders will have an easier time sustaining suits against excess insurers, leading the latter to settle more frequently, buy back more policies, increase premiums and change policy language, says Charles Grosenick at Brown & Winters.

  • A Defense Attorney Playbook For Challenging Flock Evidence

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    As law enforcement continues to bring charges based on evidence from Flock cameras and other automated license plate readers, defense counsel should consider four key categories for discovery requests and motions to compel such evidence, says Tamar Lerer at the New Jersey Office of the Public Defender.

  • Washington Email Law Still Puts Marketers At Litigation Risk

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    Despite legislative efforts to curtail abusive litigation after the 2025 Brown v. Old Navy decision extending Washington's Commercial Electronic Mail Act to misleading email subject lines, CEMA can still trigger class actions with statutory damages, even for national campaigns run by companies with no physical presence in Washington, say attorneys at Wilson Elser.

  • How AI Could Help Judges Spot Their Own Biases

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    In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

  • State Of Insurance: Q3 Notes From Pennsylvania

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    Pennsylvania courts issued several noteworthy insurance decisions last quarter, offering practical guidance for insurers evaluating public policy coverage disputes, drafting umbrella policy language and defending litigation involving claim file discoverability, says Todd Leon at Marshall Dennehey.

  • How Shift In Ohio Foreclosure Appeals Alters Lenders' Risk

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    In a series of recent decisions, the Ohio Supreme Court changed who bears the risk of an erroneous foreclosure judgment while an appeal is pending, which means lenders should now budget for merits briefing, and underwriters should expect indemnity and escrow demands, says Terry Posey at Porter Wright.

  • 3 Eligibility Rulings Show Risks Of Broad Claim Constructions

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    Several recent decisions from the Federal Circuit, including its ruling in Berkeley v. W.W. Grainger, highlight the importance of identifying the inventive aspects of a patent early in the case so that patentees do not inadvertently read the inventive features out of their own claims, say attorneys at MoFo.

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