Appellate

  • October 26, 2026

    11th Circ. Says Stash House Acts Can Boost Drug Sentences

    The Eleventh Circuit upheld the roughly 20-year prison sentence for a Florida man who participated in an illicit drug enterprise, ruling in a published but split opinion that a person can receive extra prison time for "stash houses" used by co-conspirators, even in instances where the defendant did not personally own or rent the property.

  • October 26, 2026

    Justices Won't Nix Stay In La. Coastal Damages Suit

    The U.S. Supreme Court on Monday rejected Louisiana's emergency request to erase a Fifth Circuit stay that prevented one of its parishes from litigating coastal damage claims against an oil and gas company in state court.

  • October 26, 2026

    Conn. Justice Insists PTSD A 'Physical' Injury In Comp Case

    A Connecticut Supreme Court justice told counsel for the town of East Hartford on Monday that post-traumatic stress disorder is a physical injury, even though it is not observable with X-rays and other medical detection methods, and it is "nonsense" to suggest otherwise amid workers' compensation litigation.

  • October 26, 2026

    Pa. Court Affirms $9.5M Verdict Over Botched Vasectomy

    A Pennsylvania appellate panel Monday affirmed a $9.5 million verdict in a suit accusing a doctor of botching a man's vasectomy that caused the loss of a testicle, saying the verdict was supported by sufficient evidence.

  • October 26, 2026

    9th Circ. Says Judge Misread Bisexuality In Asylum Case

    A panel of the Ninth Circuit has revived a bisexual Russian man's bid for asylum, ruling that an immigration judge's conclusion that he was not bisexual because he'd never had sex represented a fundamental misunderstanding of bisexuality.

  • October 26, 2026

    Stellantis Tells 2nd Circ. To Reject Car Inventory Fraud Suit

    Stellantis and two former executives have told the Second Circuit that a New York federal judge correctly dismissed a proposed securities fraud class action accusing the automaker of loading dealerships with excess vehicle inventory in order to pump up Stellantis' operating margins.

  • October 26, 2026

    Conn. Town Appeals Loss In $11M Quarry Deal Coverage Case

    A Connecticut town will challenge a federal judge's ruling that several insurers are free of any coverage obligations for an $11 million settlement over the politically motivated shutdown of a local quarry, court records show.

  • October 26, 2026

    11th Circ. Nixes Challenge To Ga. Campaign Finance Law

    The Eleventh Circuit on Monday shut down a political action committee's lawsuit alleging a state campaign finance law unlawfully favored a rival to its preferred gubernatorial candidate, Georgia Secretary of State Brad Raffensperger, concluding that the end of Raffensperger's campaign nullified the case.

  • October 26, 2026

    Whiskey Co. CEO Loses Shot At Halting Ch. 11 Asset Sale

    A Tennessee federal judge has denied an attempt by the chief executive of a whiskey maker to block asset sale efforts by the company's receiver pending an appeal of the court's decision to keep the receivership in place.

  • October 26, 2026

    Farmworker Seeks Higher Atty Fees, Citing 9th Circ. Ruling

    A farmworker and a union urged a Washington federal court to increase a previous attorney fee award to nearly $430,000 following a recent Ninth Circuit decision in their favor, arguing they are entitled to more fees due to their success in challenging the federal government's agricultural wage survey methodology.

  • October 26, 2026

    Order Restoring Park Signage 'Flawed,' Feds Tell 1st Circ.

    The Trump administration has urged the First Circuit to vacate a "deeply flawed" ruling requiring it to restore signage addressing climate change, slavery and the history of Indigenous peoples at dozens of National Park Service-managed sites.

  • October 26, 2026

    DC Circ. Doubts SEC Delay Harmed Lek Securities

    A D.C. Circuit panel appeared unmoved Monday by a defunct brokerage firm's plea that the U.S. Securities and Exchange Commission took too long in reviewing 2013 New York Stock Exchange sanctions over supervisory violations, suggesting the decade-old written record might have been adequate to uphold the NYSE's findings.

  • October 26, 2026

    NC Justices Find Bankruptcy Paused Debt Collection Deadline

    North Carolina's highest court has ruled that the automatic stay of a man's bankruptcy extended the deadline for a South Carolina real estate rental company to collect a debt he owed it, reversing a lower state court decision that found the company had missed its window.

  • October 26, 2026

    Mich. Appeals Court Revives School Bus Injury Suit

    A jury must decide whether a Michigan school bus driver or a 7-year-old child riding a bike bore more responsibility for the collision that injured the child, the Michigan Court of Appeals said Friday, reversing a trial court's granting of summary disposition to the driver and school district.

  • October 26, 2026

    Bristol-Myers, Others Appeal Revlimid MDL To 3rd Circ.

    Bristol-Myers Squibb, Natco Pharma, AbbVie and other pharmaceutical companies have sought permission to file an interlocutory appeal for a sprawling antitrust multidistrict litigation over Celgene Corp.'s cancer drug Revlimid to the Third Circuit after a New Jersey federal judge refused to toss it.

  • October 26, 2026

    After Litigation, Ayahuasca Church Gets DEA Registration

    After years of litigating against federal regulators, an Iowa church has reached an agreement with the U.S. Drug Enforcement Administration to lawfully use the psychedelic ayahuasca for religious purposes, the church's attorneys announced Monday.

  • October 26, 2026

    Mich. Panel Backs $9.7M Negligence Verdict Against Hospital

    A Michigan appeals court declined to upend a hospital's share of a $9.7 million jury verdict for administrative negligence in its care for a woman who died while receiving emergency treatment for complications following an abdominoplasty, or "tummy tuck" procedure.

  • October 26, 2026

    Atty Pushes For New Trial Against Blank Rome Lawyers

    A Pennsylvania lawyer told the Third Circuit on Monday that she deserves a new trial in her suit against three Blank Rome LLP lawyers and an aircraft parts company, arguing that the trial court did not properly view all the evidence.

  • October 26, 2026

    NC Top Court Will Weigh State Bar's Reach Over Ex-Judges

    The North Carolina Supreme Court agreed to take up a former state court judge's appeal challenging the state bar's authority to discipline him for alleged misconduct on the bench, which he said the Tar Heel state's judicial oversight board had already addressed.

  • October 26, 2026

    11th Circ. Says Insurer Needn't Pay More For Storm Losses

    A Hartford insurer that paid out a Florida condominium association's claim for 11 buildings that sustained flood damage during Hurricane Ian does not owe any additional coverage, the Eleventh Circuit said, affirming that the association failed to file the required proof of loss for the additional amounts sought.

  • October 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week approved a $250 million settlement of litigation over Microsoft Corp.'s acquisition of Activision Blizzard Inc., while Albertsons Cos. Inc. accused Kroger Co. of rejecting changes that could have saved their $24.6 billion merger, and the Delaware Supreme Court ordered Verisk Analytics Inc. to keep pursuing a $2.35 billion acquisition.

  • October 26, 2026

    Burns & Levinson Malpractice Claims Revived On Appeal

    Massachusetts' intermediate-level appeals court Monday reinstated legal malpractice claims brought by a youth soccer league against defunct Boston law firm Burns & Levinson LLP alleging a firm partner failed to provide a heads-up about a federal visa fraud investigation.

  • October 26, 2026

    8th Circ. Says Fed Must Rewrite Debit Swipe-Fee Cap

    The Eighth Circuit on Monday struck down the Federal Reserve's regulatory cap on the swipe fees that larger banks may collect on debit card transactions, handing a major victory to merchants that have long argued this cap was set too high.

  • October 23, 2026

    Teva, Eli Lilly Spar Over Possible New Drug Patent Trial

    Eli Lilly and Teva on Friday sparred over whether a new trial should be held in Massachusetts federal court over the validity of patents related to Teva's migraine drug Ajovy after the Federal Circuit reversed the Boston court's judgment that favored Eli Lilly.

  • October 23, 2026

    9th Circ. Blocks Trump's Calif. National Guard Deployment

    A split Ninth Circuit panel on Friday upheld a lower court's preliminary injunction blocking President Donald Trump's deployment of the California National Guard in Los Angeles last year, finding that the president didn't have the authority to order the deployment, which violated the constitutional separation of powers.

Expert Analysis

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • Navigating The Limits Of Calif. Justices' Public Pension Ruling

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    Despite the California Supreme Court's recent holding that counties and cities wield discretion over classification and salary decisions for their public retirement board staff, it is important to remember that such authority is not unchecked as unreasonable rejections remain subject to judicial review, say attorneys at Reed Smith.

  • 3 Rulings Show High Court's Transnational Litigation Stance

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    The U.S. Supreme Court's most recent term closed with three consequential decisions for transnational litigation that illustrate the court's readiness to enforce a Congress-created cause of action for overseas conduct and unwillingness to create this liability itself, say attorneys at WilmerHale.

  • Del. High Court Ruling Signals Next Post-Jarkesy Phase

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    The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

  • How 'Settled Expectations' Affect Amazon's Patent Program

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    Whether the U.S. Supreme Court decides to weigh in on the U.S. Patent and Trademark Office's "settled expectations" framework could have significant consequences for how patent owners and accused sellers approach disputes in Amazon's patent evaluation process, says Barry Greenbaum at Olshan Frome.

  • Fla. Justices Give Trial Judges More Dismissal Discretion

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    The Florida Supreme Court's recent decision in Publix Supermarkets Inc. v. Goga confirmed that appellate courts should not apply a heightened standard when reviewing severe sanctions for fraud on the court, granting greater deference to trial courts, says Brent Hartman at RumbergerKirk.

  • Opinion

    2nd Circ. Tylenol Ruling Misapplies Daubert Gatekeeping

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    The Second Circuit's recent ruling in Rutledge v. Walgreen Co., holding that a lower court should not have excluded experts alleging links between prenatal acetaminophen use and autism, threatens to swallow the Daubert standard by limiting courts' consideration of scientific consensus in assessing reliability of expert testimony, say attorneys at Benesch.

  • Limiting Employer Risk If Calif. Case Upends Time Rounding

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    The California Supreme Court's holdings in recent years suggest that it may tighten the rules for — or even eliminate — time clock rounding when it decides Camp v. Home Depot, so employers should consider taking preemptive steps to guard against large potential liability, says Jacqueline Crispino at the Jhaveri-Weeks Firm.

  • AG Watch: Va. Auto Renewal Law Clears Enforcement Path

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    The most consequential aspect of recent amendments to Virginia's automatic renewal law is the enforcement authority it creates, giving the attorney general a clear statutory pathway to pursue cases involving subscription-related compliance failures under the Virginia Consumer Protection Act, says Chuck Slemp at Cozen O'Connor.

  • 4th Circ. Boeing Class Cert. Ruling May Have Limited Reach

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    While the Fourth Circuit's recent decision to reverse class certification against Boeing appears to potentially create a circuit split or heighten the standards for achieving class certification, that conclusion overlooks the decision's very specific circumstances, and its impact will likely be limited outside the circuit, say attorneys at Bleichmar Fonti.

  • Fed. Circ.'s Shaping Of Tech Patent Doctrine Resembles EPO's

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    The Federal Circuit's recent decision in Ceiva v. Amazon crystallizes an informal U.S. heuristic, "a technological solution to a technological problem," rewarding emphasis of a traceable chain from a problem to a solution — a lesson similar to the European Patent Office's "technical character" terminology, says Brandon Theiss at AddyHart.

  • Opinion

    After Monsanto, Defense Bar Must Build Case Against Lohr

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    The U.S. Supreme Court's recent decision in Monsanto v. Durnell has helped to demolish the foundation for its problematic 1996 ruling in Medtronic v. Lohr — so now defense counsel should lay the groundwork for the high court to overturn Lohr, say attorneys at Blank Rome.

  • Justices' FTC Ruling Weakens Qui Tam's Constitutional Base

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    The U.S. Supreme Court’s holding in Trump v. Slaughter, expanding presidential control over those exercising executive power, suggests that courts may be receptive to arguments challenging the constitutional foundations of the False Claims Act’s qui tam mechanism, says Daniel Passeser at Wiggin.

  • 9th Circ. Rule Block Unlikely To Deter FinCEN Cartel Focus

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    The Ninth Circuit recently blocked the Financial Crimes Enforcement Unit's border cash reporting rule, interpreting it as an impermissible use of an emergency anti-money laundering tool, but regulators are more likely to see the opinion as a road map for building a more defensible rule, say attorneys at Bradley Arant.

  • 5 Financial Statement Fraud Red Flags To Spot Post-Sripetch

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    The U.S. Supreme Court recently held in Sripetch v. U.S. Securities and Exchange Commission that disgorgement exists to strip a wrongdoer of unjust enrichment, not merely to compensate victims for what they lost, shifting the work at the center of securities fraud cases in five ways, says Rand Manasse at Green Lane Partners.

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