Appellate

  • February 26, 2026

    Pa. Court Rule Serial Killer Books Justify Death Row Do-Over

    The Pennsylvania Supreme Court has once again vacated the death penalty for a man found guilty of a 1994 strangulation, ruling on Thursday that his counsel was ineffective because the attorney failed to object to evidence that painted the accused as an aspiring serial killer.

  • February 26, 2026

    9th Circ. Lifts Injunction That Blocked Federal Union Ouster

    The Ninth Circuit gave the Trump administration the green light to kick unions out of nearly two dozen federal agencies Thursday, lifting a block on an executive order that let the agencies cut union ties claiming national security concerns.

  • February 26, 2026

    Atty Owns 'Sloppy' Incorrect Citations Before Texas Justices

    A Houston attorney told a Texas appellate panel Thursday that incorrect case citations in his brief were "sloppy" and "embarrassing," taking responsibility for errors that included nonexistent cases and inaccurate quotations.

  • February 26, 2026

    Cisco Shouldn't Face Falun Gong Torture Suit, Feds Tell Justices

    The federal government has asked the U.S. Supreme Court to reverse a Ninth Circuit ruling that allowed Falun Gong practitioners to pursue Alien Tort Statute claims accusing Cisco of aiding China's oppression and torture of its members, saying federal courts lack the authority to create new ATS causes of action.

  • February 26, 2026

    Calif. Residents Appeal Tribal Casino Order In DC Circ.

    A group of California residents and a nonprofit organization are appealing a Washington federal judge's denial of an attempt to block the construction of a casino owned by the Ione Band of Miwok Indians, following his recent order denying their motion for a preliminary injunction.

  • February 26, 2026

    Calif. Atty Agrees To Discipline From State Bar Over AI Errors

    A Los Angeles attorney has agreed to be disciplined for filing appellate briefs rife with artificial intelligence-hallucinated case law quotations, according to a stipulation approved Wednesday by the California State Bar Court, which found that he "recklessly and with gross negligence failed to perform legal services with competence."

  • February 26, 2026

    Antitrust Claims Over Oil Tubing Patents Saved By Fed. Circ.

    The Federal Circuit on Thursday undid a Texas federal judge's conclusion that a company intended to defraud the U.S. Patent and Trademark Office when it got a patent on coiled tubing, but also revived claims accusing it of using fraudulently obtained patents to get a monopoly.

  • February 26, 2026

    Justices Told 'Skinny Label' Case Puts Generic Drugs At Risk

    The U.S. government, one named sponsor of the Hatch-Waxman Act, a generic-drug industry group and more have warned the U.S. Supreme Court that a decision that allowed a patent case involving a so-called skinny label to proceed threatens the availability of low-cost generic drugs.

  • February 26, 2026

    6th Circ. Skeptical Of Jurisdiction In NLRB Decert. Challenge

    The Sixth Circuit appeared unlikely Thursday to revive a construction company's challenge to a National Labor Relations Board decision tossing a petition to oust a union representing workers at the company, with judges skeptical they had jurisdiction to consider the dispute under federal labor law's limitations on representation case appeals.

  • February 26, 2026

    Dolby Asks High Court To Review PTAB Interested-Party Fight

    Dolby urged the U.S. Supreme Court to scrutinize a Federal Circuit decision denying its appeal of Patent Trial and Appeal Board proceedings decided in its favor, saying that Unified Patents' failure to disclose all the relevant parties is reviewable and defies the America Invents Act.

  • February 26, 2026

    Judge Unlikely To Lift Feds' Sanctions For Protester Removals

    A Massachusetts federal judge who ruled two Cabinet-level officials in the Trump administration targeted pro-Palestinian protesters for removal based on their speech appeared unmoved Thursday by the government's request to lift his sanctions while it appeals.

  • February 26, 2026

    Fed. Circ. Affirms Chip Patent Claims Are Invalid

    The Federal Circuit on Thursday affirmed a Delaware federal judge's decision that a set of patents covering computer chip design were invalid under the so-called Alice test, clearing semiconductor makers Siemens and GlobalFoundries of infringement allegations.

  • February 26, 2026

    6th Circ. Backs Officer's Immunity In Vacated-Conviction Case

    The Sixth Circuit has ruled that a Detroit man whose drug conviction was vacated cannot move forward with his civil rights lawsuit against a narcotics officer, finding he failed to show the officer falsified a search warrant affidavit or failed to turn over evidence favorable to the defense.

  • February 26, 2026

    TikTok, Meta Get Hot Bench In 'Subway Surfing' Death Appeal

    Social media giants TikTok and Meta Thursday faced a barrage of questions by New York state appellate court judges as the companies seek dismissal of a lawsuit over the death of a boy who climbed atop a moving subway car, which his parent alleged was due to a "challenge" video pushed to minors.

  • February 26, 2026

    4th Circ. Revives Secrets Charges Against Ex-Deloitte Workers

    The Fourth Circuit on Thursday revived the bulk of the charges against two former Deloitte workers accused of stealing the company's trade secrets, disagreeing with a lower court that dismissed the case because of the government's delay in bringing it.

  • February 26, 2026

    11th Circ. Accuses CSX Of 'Semantics Games' In Fla. Trail Spat

    CSX's bid to throw out a Surface Transportation Board ruling that revoked approval for a purported rails-to-trails project in St. Petersburg, Florida, was met with skepticism from an Eleventh Circuit panel Thursday that seemed to doubt the railway's claimed limits on the board's authority.

  • February 26, 2026

    Biz Owner Gets £2M Tax Evasion Penalty Tossed As Unfair

    A company owner isn't liable for a nearly £2 million ($2.7 million) civil tax evasion penalty because HM Revenue & Customs didn't raise its claims of dishonesty by the owner in a prior proceeding it relied on later, a London court said Thursday.

  • February 26, 2026

    5th Circ. Affirms FDA's Vape Rule Despite Small Biz Concerns

    The Fifth Circuit on Thursday affirmed that the U.S. Food and Drug Administration complied with the law when it promulgated a new rule requiring companies seeking premarket authorization of new tobacco products to investigate the product's health effects.

  • February 26, 2026

    India Looks To Nix $156M Deutsche Telekom Award Suit

    India is urging a D.C. federal court not to enforce a nearly $156 million arbitral award issued to Deutsche Telekom AG over a nixed satellite lease and telecommunications deal, arguing that it never agreed to arbitrate this type of dispute and that the deal was nixed over "essential security" issues.

  • February 26, 2026

    11th Circ. Axes ATM Co.'s Latest Bid To Revive Patent Dispute

    The Eleventh Circuit ended an ATM technology company's attempt to relitigate a patent infringement suit against a competitor, ruling Thursday that the claims are barred because they could have been brought up in a previous suit.

  • February 26, 2026

    NYC Officials Urge 2nd Circ. Not To Block Pot Enforcement

    New York City officials are asking the Second Circuit to deny a bid from two business owners to block enforcement of the city's cannabis laws against their club while they appeal a lower court decision, saying they don't have standing to seek the injunction.

  • February 26, 2026

    Ga. Panel Eyes Alternative Discipline Against Resigned Judge

    The investigative panel of the Georgia judicial ethics commission told the state Supreme Court on Thursday that it wants to consider sanctions other than removal against a former Fulton County Superior Court judge now that she has resigned, arguing that "judges cannot resign in order to avoid discipline for judicial misconduct."

  • February 26, 2026

    Mich. Court Affirms 911 Caller's DUI Claim Lacked Solid Detail

    A Michigan appeals court has ruled a 911 caller's claim that two motorcyclists were drunk after drinking several beers at a county fair did not give police reasonable suspicion to stop one of them, tightening the standard for when citizen tips can justify DUI traffic stops.

  • February 26, 2026

    Reed Smith Says Atty Can't Expand Pay Bias Damages Period

    Reed Smith LLP is urging a New Jersey state court to rule that an attorney who claimed the firm unlawfully underpaid her cannot expand the time window for which she's seeking damages, arguing a legal doctrine used to revive continuing claims can't be used to collect back pay.

  • February 26, 2026

    Are New Police Drone Programs A Big Help Or Big Brother?

    Police are increasingly using drones as first responders to 911 calls, a practice they say helps them respond to crises much faster with far fewer officers, but that privacy advocates warn could lead to mass, warrantless surveillance.

Expert Analysis

  • 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.

  • 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.

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