Appellate

  • February 04, 2026

    2nd Circ. Backs Block On Hundreds Of Geico Collection Cases

    The Second Circuit found no error in a preliminary injunction pausing over 600 collection actions filed against Geico by a doctor and medical practice accused by the insurer of a scheme to exploit New York's no-fault automobile insurance laws.

  • February 04, 2026

    Stockholders Ask Del. Justices To Revive Bylaw Suits

    Stockholders challenging advance notice bylaws at AES Corp. and Owens Corning urged the Delaware Supreme Court on Wednesday to revive their dismissed suits, saying boards should face fiduciary duty scrutiny the moment they adopt allegedly entrenching bylaws, not only after a proxy contest is triggered.

  • February 04, 2026

    Royal Caribbean Wants Volcano Suit In Australia, Not Fla.

    Royal Caribbean Cruises Ltd. asked a Florida appeals court Wednesday to reverse an order denying its motion to dismiss a suit over a volcano eruption that killed a cruise passenger and her family, arguing that a clause in the cruise ticket contract requires the suit be brought in Australia.

  • February 04, 2026

    Aerospace Workers Ask 4th Circ. To Revive 401(k) Fund Suit

    Workers who alleged RTX Corp. illegally used forfeited retirement funds to pay the company's 401(k) contribution have asked the Fourth Circuit to revive their case after a Virginia federal judge ruled they had failed to state a claim.

  • February 04, 2026

    Calif. Panel Won't Publish Amazon Drivers Arbitration Ruling

    A California appeals court will not publish its decision that last-mile deliveries Amazon workers performed represented interstate commerce exempt from federal arbitration, turning down requests to publish the opinion.

  • February 03, 2026

    En Banc 5th Circ. Wipes Out Airline Fees Disclosure Rule

    The full Fifth Circuit on Tuesday vacated a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, this time holding that the U.S. Department of Transportation's failure to properly consider public comments warrants doing away with the rule altogether.

  • February 03, 2026

    Fed. Circ. Questions Bid To Undo Google, Microsoft PTAB Win

    A Federal Circuit panel appeared unpersuaded Tuesday by an inventor's arguments that the Patent Trial and Appeal Board should have ended reviews of computer-locating patents challenged by Google and Microsoft due to actions by LG in a related case, and that the board wrongly invalidated the patents.

  • February 03, 2026

    Goldstein Knew What Was On His Returns, Accountant Claims

    The top outside accountant handling tax returns for SCOTUSblog founder Thomas Goldstein and his law firm said Tuesday that Goldstein wasn't forthcoming about his gambling records and that he firmly believed the former U.S. Supreme Court attorney knew what was in his allegedly false tax returns when they were filed.

  • February 03, 2026

    Boston IP Firm Sees Malpractice Claims Revived By 1st Circ.

    The First Circuit has revived legal malpractice claims from a Colorado tech company that alleged it was betrayed when its lawyers at a Boston intellectual property law firm filed patents for another client, finding that a lower court's ruling that the claims were time-barred assumed the three-person company comprised exclusively of engineers had an understanding of tricky legal concepts.

  • February 03, 2026

    7th Circ. Probes Due Process For Ill. ICE Detainees

    A Seventh Circuit judge Tuesday asked the Trump administration to square its position that immigrants unlawfully in the United States have no due process rights with Supreme Court rulings that held otherwise, as the appellate court mulls the bid to block two orders addressing warrantless arrests of hundreds of immigrants.

  • February 03, 2026

    Calif. Cardholders Ask 2nd Circ. To Revive Swipe Fee Suit

    California cardholders accusing Visa, Mastercard and other major banks of conspiring to fix interchange fees have asked the Second Circuit to revive their claims after a district court judge denied their motion for reconsideration in a long-running multidistrict litigation.

  • February 03, 2026

    Wash. Justices To Review Restaurant's $1M COVID Penalty

    The Washington State Supreme Court has decided to take up a restaurant's appeal of nearly $1 million in fines that regulators imposed against the eatery for offering indoor dining services during the COVID-19 pandemic, in violation of the governor's emergency proclamation.

  • February 03, 2026

    Guam Defends Bid To Appeal Loss Of Military Leave Suit

    A retirement fund for Guam government employees fired back at the federal government's attempt to prevent it from appealing an order finding the fund and Guam liable for shortchanging pension contributions for employees who take paid leave while serving in the military. 

  • February 03, 2026

    Trump Admin Can't Gut CFPB Off The Books, DC Circ. Told

    The Consumer Financial Protection Bureau's employee union has urged the full D.C. Circuit to uphold a lower court order blocking sweeping cuts at the agency, arguing the Trump administration's legal theory for lifting the order would allow officials to dismantle an agency so long as they don't "put it in writing."

  • February 03, 2026

    5-Hour Energy Maker Tells 9th Circ. Not To Revive Pricing Suit

    The maker of 5-Hour Energy has urged the Ninth Circuit not to revisit a lower court ruling tossing claims from family-owned wholesalers that the energy drink company violated price discrimination law by providing Costco with disproportionate promotional support.

  • February 03, 2026

    Convicted Oil Trader To Remain Free On Bond During Appeal

    A Connecticut federal judge Tuesday ruled that an oil trader convicted of overseas bribery can remain free on bond while he appeals his Foreign Corrupt Practices Act and money-laundering convictions, saying a new trial might be possible if the Second Circuit finds fault with her jury instructions.

  • February 03, 2026

    Using Phone For Drug Deal Attempt Is A Crime, Court Says

    A Pennsylvania appeals court Tuesday upheld a conviction for criminal use of a telephone, finding that the use of a phone to arrange the sale of drugs is enough to sustain the charge, even if the sale is only attempted and drugs are never actually obtained.

  • February 03, 2026

    Fed. Circ. Slams Bid Protester's 'Secret' Amended Complaint

    The Federal Circuit on Tuesday admonished a security company that failed to secure a U.S. Postal Service contract, suggesting that it tried to litigate "in secret" by not filing a redacted version of its sealed bid protest in a timely manner.

  • February 03, 2026

    Coverage Barred For Mortgage Fee Dispute, 2nd Circ. Says

    Insurers for a bankrupt financial services company are not obligated to cover settlement payments and defense costs stemming from a pair of mortgage fee class actions, the Second Circuit affirmed Tuesday, finding the claims fall squarely within an exclusion for fee-related losses.

  • February 03, 2026

    Damages Caps Revival May Be 'Misguided,' Ga. Justice Says

    Georgia's highest court signaled reluctance on Tuesday to overturn a 15-year-old decision declaring that caps on medical malpractice damages violate the state's constitution, with one justice reversing course from a recent opinion where she all but invited a chance to strike down the precedent.

  • February 03, 2026

    Feds, Samsung Urge Justices To Reject PTAB Prior Art Case

    The federal government and Samsung have both urged the U.S. Supreme Court to reject a patent owner's challenge to the Federal Circuit's finding that the filing date of a patent dictates if it can be considered prior art.

  • February 03, 2026

    Wash. Justices Won't Hear Medline's $2.4M Refund Request

    Medline cannot receive a $2.4 million remittance of sales tax paid toward the construction of a state warehouse, the Washington Supreme Court said, declining to review a state appeals court's decision.

  • February 03, 2026

    2nd Circ. Upholds NLRB Subpoena Enforcement Order

    A New York City businessman must turn over documents relevant to his companies' liability for years of back pay to a fired bus company tour guide after the Second Circuit on Tuesday upheld an order to comply with National Labor Relations Board subpoenas.

  • February 03, 2026

    3rd Circ. Says Law Silent On Duty To Pay For Tendered Shares

    In a precedential ruling Tuesday, the Third Circuit upheld a ruling in favor of a company that snubbed "sponsor" stockholders' tendered shares as invalid, ruling that the dismissal of the investors' suit over the rejection was proper since the law was silent on a tender offeror's duty to purchase shares.

  • February 03, 2026

    1st Circ. Mindful Of Justices In 3rd Country Removal Case

    A First Circuit panel suggested Tuesday that a U.S. Supreme Court emergency docket stay may constrain its review of a district judge's decision requiring due process for deportees facing removal to so-called third countries where they may face torture.

Expert Analysis

  • 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.

  • 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.

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