Appellate

  • 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.

  • November 09, 2026

    Justices Won't Review DOD, Subcontractor Software Feud

    The U.S. Supreme Court on Monday declined to review a dispute over rights to healthcare software for a U.S. Army veterinary records system, after the Federal Circuit held a defense subcontractor failed to present a valid contract claim.

  • November 09, 2026

    Justices Won't Review NYT's $2.4M Auto-Renewal Class Deal

    The U.S. Supreme Court on Monday rejected an attorney's petition to contest a $5,000 incentive award included in a $2.375 million class action settlement that resolved claims over The New York Times Co.'s subscription auto-renewal practices, leaving in place a Second Circuit decision to let the deal close.

  • November 09, 2026

    Justices Pass On Chance To Assess Muldrow's Effect On PIPs

    The U.S. Supreme Court on Monday rejected a former information technology employee's invitation to clarify whether workers' placement on performance improvement plans that don't result in termination or changes in pay and benefits can sustain bias suits under a worker-friendly high court ruling from 2024.

  • November 09, 2026

    Justices Skip Raytheon Workers' Bias Suit Over COVID Rules

    The U.S. Supreme Court declined Monday to take up a religious discrimination case brought by former Raytheon employees over the company's pandemic-era testing and masking requirements.

  • November 06, 2026

    Creek Freedmen Say Chief Can't Defy Citizenship Ruling

    Two descendants of Black people once enslaved by an Indigenous tribe implored an Oklahoma federal court to keep alive their challenge to an effort to deny them citizenship in the Muscogee (Creek) Nation, saying the tribe's principal chief has for more than a year defied a tribal Supreme Court ruling that gave them the right and is wrongly trying to use an immunity claim to avoid a federal treaty that guarantees them citizenship.

  • November 06, 2026

    DC Circ. Mulls Whether Gov't Can Drag Feet On Afghan Visas

    The D.C. Circuit didn't seem so sure Friday morning that thousands of Afghan and Iraqi citizens who helped U.S. forces overseas should be stripped of their class status as they sue the government for making them wait more than five years for their special visa applications to be processed.

  • November 06, 2026

    Boeing Can't Appeal Punitive Damages Door Plug Ruling

    A Washington state judge Thursday rejected Boeing's effort to quickly appeal a ruling that denied its bid to block punitive damages in passengers' lawsuit over the 2024 blowout of an aircraft door panel, siding with plaintiffs attempting to show the incident had ties to the aerospace giant's former Chicago headquarters.

  • November 06, 2026

    Cities, Counties Fight Revival Of FEMA Election Conditions

    Cities and counties in Ohio, Tennessee and Texas, along with two dozen state allies, urged the D.C. Circuit to reject the Trump administration's push to revive a vacated Federal Emergency Management Agency rule that conditioned counterterrorism grant funding on election policy changes.

  • November 06, 2026

    Ex-Solicitor Hopes Municipal Jobs Support Reinstatement Bid

    A former Pennsylvania city solicitor's depression and financial struggles had eroded his judgment when he took more than $100,000 from his IOLTA account to pay his bills and office salaries, he told a disciplinary hearing board Friday in his bid to be reinstated from suspension.

  • November 06, 2026

    Up Next At High Court: Pipeline Takings & H-2A Fines

    The U.S. Supreme Court will wrap up its November sitting by hearing disputes over whether federal or state law should control how much compensation landowners receive for private condemnations under the Natural Gas Act and if the U.S. Department of Labor can use in-house courts to issue civil penalties for violations of its temporary agricultural worker program. 

  • November 06, 2026

    Sea Bass Fishing Isn't Banned In S. Atlantic, 11th Circ. Told

    A seafood company asked the Eleventh Circuit on Friday to reverse the government's denial of a permit to import frozen sea bass caught in a region of the South Atlantic, arguing a federal agency embargoed the fish after wrongly concluding there was a total prohibition on commercial fishing there.

  • November 06, 2026

    ERISA Recap: 4 Decisions To Know From Oct.

    The full Eleventh Circuit's repeal of its administrative exhaustion standard under federal benefits law was the biggest ruling issued in Employee Retirement Income Security Act litigation during October, but district courts issued some noteworthy decisions, as well. Here are four developments from last month that ERISA attorneys should have on their radar.

  • November 06, 2026

    Pepsi Urges High Court To Leave TM Strength To Judges

    PepsiCo Inc. has asked the U.S. Supreme Court to reject an appeal from a coffee company that wants the justices to overrule a Second Circuit order allowing judges to decide the strength of trademarks, saying the question of trademark strength was a "quintessentially legal" one best left to judges.

  • November 06, 2026

    3rd Circ. Preview: UPenn Staff Rifts, FTC $3M Fee Fight

    The Third Circuit began its November session by examining Tree of Life synagogue shooter Robert Bowers' appeal of his death sentence and is set to hear a number of other matters ranging from a state's bid to restore millions of dollars in food aid, to the federal government fighting a $3 million counsel fee award, to reviewing the third-party harassment test.

  • November 06, 2026

    Mich. Supreme Court Chief Next To Lead Chief Justice Group

    The Michigan Supreme Court's chief justice has been named president-elect of the Conference of Chief Justices, a national organization representing the highest-ranking state judicial officers, and she plans to focus on expanding access to legal services, reforming attorney licensing and strengthening courthouse security.

  • November 06, 2026

    Top Blanche Adviser Among Latest To Exit DOJ

    A top legal adviser to U.S. Attorney General Todd Blanche announced his departure from the U.S. Department of Justice Friday, becoming the latest in a slew of high-profile resignations from the department since Republicans' midterm election defeat Tuesday night.

  • November 06, 2026

    3rd Circ. OKs Konica Minolta Appeal Of Severance Suit Class

    The Third Circuit said it will consider Konica Minolta's bid to unwind class status in an ongoing lawsuit alleging the business services provider used an office relocation as cover for conducting a mass layoff without having to pay severance.

  • November 06, 2026

    FCC Denies It's Foot-Dragging Review Of Philly TV License

    The Federal Communications Commission has asked the D.C. Circuit to reject an advocacy group's request to force the agency to review a challenge to Fox TV's Philadelphia broadcast license.

  • November 06, 2026

    IP Atty Reaches Deal To End FCA Suit Over Apriso Patent

    An intellectual property attorney has entered a settlement to resolve his False Claims Act suit against the pharmaceutical company Bausch alleging it fraudulently obtained a patent to block the production of a generic ulcerative colitis medication, Apriso.

  • November 06, 2026

    2nd Circ. Doubts Aetna's Push To Arbitrate Health Fund Fight

    The Second Circuit Friday appeared skeptical of Aetna's push to force arbitration of an insurance contract dispute with a multiemployer union health benefit fund, with judges pointing to circuit precedent that arguably undermined Aetna's position.

  • November 06, 2026

    11th Circ. Backs Navy Win In Worker's Retaliation Case

    The Eleventh Circuit declined to reinstate a lawsuit brought by a former Navy employee alleging she was terminated for reporting a breach of a settlement agreement, saying the Navy's key decision makers were unaware of her complaints and that she had committed "numerous acts of alleged insubordination" during that time.

  • November 06, 2026

    High Court Will Take Up Case Of Goldman Arbitration Denial

    The U.S. Supreme Court agreed to take up a case involving a Fourth Circuit decision that denied an attempt by Goldman Sachs to arbitrate disputes with two debtors in bankruptcy over alleged violations of the automatic stay.

  • November 06, 2026

    Wood 'Farm' Not Agricultural For Zoning, Mass. Court Says

    A Massachusetts wood processing business that imports the majority of its timber from other sites cannot escape zoning regulations under agricultural or "right to farm" exceptions, the state's intermediate-level appeals court said Friday.

  • November 06, 2026

    Defeated Texas Justice Being Considered For Federal Bench

    With the clock ticking on Republicans' control of the Senate, President Donald Trump is considering putting a Texas Supreme Court justice who just lost reelection on the federal bench.

Expert Analysis

  • Mass. High Court Raises Bar For Trade Secret Injunctions

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    The Massachusetts Supreme Judicial Court's recent decision in Daikin v. Russo confirms that trade secret plaintiffs must prove irreparable harm under ordinary equitable principles when seeking a preliminary injunction, putting an end to potential theories of automatic presumption, says Gregory Bombard at Greenberg Traurig.

  • 3 Strategies To Reduce AI Sycophancy In Legal Work

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    The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.

  • Opinion

    Justices' Climate Ruling Should Preserve State Tort Claims

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    As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

  • Open Issues After 2nd Circ.'s Airport Phone Search Ruling

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    While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

  • NFL Coverage Ruling Sets Limits On Long-Tail Claim Defenses

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    A New York appellate court's recent decision — holding that National Football League players who sustained neurological injuries had suffered multiple occurrences for insurance coverage purposes — may also be used to limit insurers' efforts to declaim coverage for other long-tail injury cases, including sexual abuse claims, say attorneys at SDV Fenchurch.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • PFAS Ruling Extinguishes A Policyholder Path To Coverage

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    Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.

  • When Insurer Insolvency Won't Trigger Excess Coverage

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    With its recent decision in A.R. Wilfley v. National Union Fire Insurance, the Colorado Supreme Court joins a growing national consensus enforcing clear and unambiguous anti-drop-down policy language in umbrella and excess policies, says Michael Kotula at Rivkin Radler.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

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    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

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