Appellate

  • March 26, 2026

    Justices' Looming TPS Review Clouds Ethiopia Case

    The U.S. Supreme Court's upcoming review of the Trump administration's efforts to curtail the temporary protected status program loomed over a Massachusetts federal judge's hearing Thursday on the future of the protections for 5,000 Ethiopians living in the U.S.

  • March 26, 2026

    3rd Circ. Says DNA Software Is Reliable Enough For Trial

    A Third Circuit panel rebuffed a man's attempt to argue that DNA software called TrueAllele shouldn't have been used to convict him for unlawful possession of a firearm, finding that the program was sufficiently verified as reliable under court rules of evidence.

  • March 26, 2026

    SEC Urges Justices To Keep Disgorgement Powers Intact

    The U.S. Supreme Court should continue allowing the U.S. Securities and Exchange Commission to collect ill-gotten profits from fraudsters without having to identify any particular victims of said scheme, the agency told the high court in a case that could limit its disgorgement powers.

  • March 26, 2026

    Pa. Justices Clarify Workers' Comp Notice For Self-Employed

    A provision of the Pennsylvania Workers' Compensation Act governing notice of work-related injuries does not require sole proprietors of a business to notify their insurers of their injuries within 120 days in order to be eligible for benefits, the state's highest court ruled Thursday.

  • March 26, 2026

    Pa. Justices End Mandatory Life Sentences For Felony Murder

    The Pennsylvania Supreme Court ended the use of mandatory life-without-parole sentences for felony murder offenses Thursday, potentially upending the sentences of more than 1,000 incarcerated people in a case that has drawn national attention.

  • March 26, 2026

    Colo. Appeals Court Rules Presentence Credit Can Be Waived

    A criminal defendant can waive their statutory right to presentence confinement credit as a negotiated term of a plea agreement, the Colorado Court of Appeals ruled Thursday for the first time.

  • March 26, 2026

    Fed. Circ. Rejects Pharma Co. Refiling Suit To Reset Deadline

    Ascendis Pharma missed its window to invoke a mandatory stay in California federal court based on parallel U.S. International Trade Commission proceedings, and its attempt to reset the patent litigation doesn't change that, the Federal Circuit said Thursday.

  • March 26, 2026

    Atty Group Backs Newman's Suspension Fight At High Court

    The Bar Association of the District of Columbia has thrown its support behind Federal Circuit Judge Pauline Newman's U.S. Supreme Court challenge to the suspension imposed on her by her colleagues, saying it's doing so on behalf of those who are afraid that supporting her publicly will harm their careers.

  • March 26, 2026

    11th Circ. Seems Skeptical Of White Former Exec's Bias Case

    The Eleventh Circuit pressed a white former medical waste disposal executive Thursday on whether the appellate court should revive his race bias case, asking him to square his discrimination argument with the fact that the woman who got the promotion he wanted was also white. 

  • March 26, 2026

    Akin Must Explain Client's 'Self-Indulgent' 9th Circ. Appeal

    Upholding a foreign arbitration award against a wine importer, the Ninth Circuit on Thursday ordered its attorneys at Akin Gump Strauss Hauer & Feld LLP to explain why they and their client shouldn't pay their opponent's attorney fees for bringing a "frivolous" and "self-indulgent" appeal.

  • March 26, 2026

    Texas Court Won't Dismiss Patient's Cancer Misdiagnosis Suit

    A Texas appellate court has greenlighted a suit accusing a physician and two healthcare companies of misdiagnosing a patient with cancer, finding the plaintiff's expert report adequately outlined how the alleged negligence led to an unnecessary procedure.

  • March 26, 2026

    Abbott Unit Beats Ex-Worker's Whistleblower Suit At 8th Circ.

    The Eighth Circuit declined Thursday to reinstate a former worker's suit claiming he was fired from an Abbott Laboratories subsidiary for reporting healthcare kickback violations, ruling he couldn't sue under the Minnesota whistleblower law as a Hawaii resident.

  • March 26, 2026

    Pa. Justices Deem Pot Group Unharmed By Abstinence Rule

    The Pennsylvania Supreme Court on Thursday held that a cannabis trade association lacks standing to argue that a local court's policy of regulating medical marijuana use for treatment court participants hurts dispensary businesses, upholding a ruling that the association didn't suffer any harm itself from the policy.

  • March 26, 2026

    Panel Says Co. Can't Recoup Extra Costs In DOT Contract

    The Civilian Board of Contract Appeals has said a contractor can't recover roughly $800,000 in excavation and backfill costs under a U.S. Department of Transportation retaining wall contract, noting it didn't include such underlying quantities in its bid.

  • March 26, 2026

    Contractor Label Bars Bias Claims Against Cognizant

    A New Jersey appellate panel on Thursday backed the dismissal of a technology recruiter's sexual harassment and discrimination suit against Cognizant Technology Solutions and a staffing vendor, finding she worked as an independent contractor and therefore could not invoke the protections of the state's Law Against Discrimination.

  • March 26, 2026

    Pa. Justices Affirm Limit To Sex Abuse Immunity Exemption

    A plaintiff who claimed he was sexually assaulted by employees at a Philadelphia jail can't sue the city because Pennsylvania law only grants a sexual-abuse exception to sovereign immunity if the victim was a minor at the time, the state's supreme court ruled Thursday.

  • March 26, 2026

    Pa. High Court Nixes Convictions Over Use Of Silent Witness

    Pennsylvania's highest court vacated a man's drug and gun crime convictions Thursday due to prejudice, finding that a witness who had no intent to testify should never have been questioned before the jury by the prosecutor.

  • March 26, 2026

    Hawaii Condo Units Not Apts. For Tax Purposes, Court Rules

    Hawaii condominium units in a Maui multiunit property are considered nonowner-occupied properties — not apartments — and should be taxed at higher rates under a county ordinance, a Hawaii appeals court affirmed.

  • March 26, 2026

    FCC Defends Waiver Power In Nexstar-Tegna Merger Fight

    The Federal Communications Commission on Thursday defended its authority to waive the television station ownership cap and approve the transfers at the heart of Nexstar's $6.2 billion acquisition of Tegna, telling the D.C. Circuit that the cap, as an agency rule, can be dispensed with for good cause.

  • March 26, 2026

    9th Circ. Reinstates Critical Habitat Designations For Seals

    The Ninth Circuit has reinstated critical habitat designations for two Arctic seal species, finding that federal wildlife officials were in line with the Endangered Species Act and were not required to consider foreign conservation efforts or habitats when establishing the regions.

  • March 26, 2026

    Unified Patents Keeps Win Over Email Filtering IP At Fed. Circ.

    The Federal Circuit on Thursday said it won't restore claims in an email filtering patent challenged by Unified Patents, backing a Patent Trial and Appeal Board's decision that earlier inventions rendered the claims invalid.

  • March 26, 2026

    2nd Circ. Reopens Mortgage-Backed Securities ERISA Suit

    The Second Circuit on Thursday revived a federal benefits lawsuit against Wells Fargo and Ocwen accusing the companies of mishandling home loans tied to a union pension fund's investments, overturning a lower court ruling that handed the bank and loan servicing companies a pretrial win in the proposed class action.

  • March 26, 2026

    Shutts & Bowen Must Face DQ Bid In Fla. Real Estate Dispute

    A Florida state appeals court on Wednesday revived a bid to disqualify Shutts & Bowen LLP from representing a member of a real estate business in a dispute with his fellow owners, saying a trial court improperly barred certain testimony before rejecting the disqualification motion.

  • March 26, 2026

    Watchdog Suit Seeking NJ AG Ethics Training Docs Revived

    A New Jersey appellate panel on Thursday revived a government watchdog's suit over the state attorney general's office's denial of its public records request for attorney ethics training materials, ruling the trial court should have conducted an in camera review of the requested documents before dismissing the complaint.

  • March 26, 2026

    9th Circ. Upholds Medtronic Win In Spinal Cord Device Suit

    A Washington man cannot sue medical device maker Medtronic USA Inc. on allegations it sold him a spinal cord implant that malfunctioned causing greater pain, the Ninth Circuit ruled, saying he lacked expert witnesses to support his negligence claims.

Expert Analysis

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • 5 Drug Pricing Policy Developments To Watch In 2026

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    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • 2026 Int'l Arbitration Trends: Awards Against Sovereign States

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    The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Opinion

    What Justices Got Right In Candidate Standing Ruling

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    The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • How Mediation Can Lead To Better Environmental Settlements

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    The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Opinion

    Faulty Legal Assumptions Obscure Police Self-Defense Law

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    As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

  • 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

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    In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

  • Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal

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    The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.

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