Appellate

  • November 04, 2026

    Full 11th Circ. Won't Reconsider Ga. Easement Value Cut

    The Eleventh Circuit denied three Georgia partners' requests for the full court to review a panel's split decision to slash the value of a conservation easement they donated from $18 million to $1 million, saying no judges sought a rehearing.

  • November 04, 2026

    States Ask DC Circ. To Revisit DOE Coal Plant Order Ruling

    A West Virginia-led coalition urged the full D.C. Circuit to revisit a panel ruling scrapping a U.S. Department of Energy order directing a retiring coal-fired power plant to remain open, arguing it improperly limited the department's powers "at a hard moment for the grid."

  • November 04, 2026

    5th Circ. Backs NLRB Bargaining Order For Hyatt Operator

    The Fifth Circuit has upheld a National Labor Relations Board decision ordering a Texas Hyatt hotel operator to bargain with a UNITE HERE local, ruling that the company failed to establish that the union interfered with the employees' free choice when they voted for representation.

  • November 03, 2026

    Incumbents Reelected In Michigan Supreme Court Race

    Michigan Supreme Court Justices Megan Cavanagh and Noah Hood appear to have won reelection Tuesday, preserving the six-justice Democratic majority on the high court.

  • November 03, 2026

    Dems To Win 1st Texas Supreme Court Seats In Over 30 Years

    Voters were on track early Wednesday to breaking a decadeslong streak for Republicans by electing Democrats to the Texas Supreme Court for the first time in more than 30 years, with all four Democratic challengers on their way to unseating the Republican incumbents.

  • November 03, 2026

    3 Wash. Supreme Court Justices Poised To Keep Seats

    Three incumbent Washington State Supreme Court justices held off challengers in Tuesday's election, and King County Superior Court judges emerged as front-runners for two other open spots on the state high court, according to preliminary results.

  • November 03, 2026

    Democratic Senate Flip Reshapes Trump's Judicial Outlook

    Democrats winning control of the U.S. Senate on Tuesday leaves the Trump administration a narrow window to fill dozens of judicial vacancies under a Republican majority, with key GOP lawmakers saying they will use the lame-duck session to confirm as many conservative judges as possible.

  • November 03, 2026

    NY AG Letitia James Defeats Holtzman Vogel Partner

    New York Attorney General Letitia James on Tuesday won a third term by defeating Holtzman Vogel partner Saritha Komatireddy.

  • November 03, 2026

    Justice Earls Keeps NC Supreme Court Seat In Win For Dems

    Incumbent Justice Anita Earls preserved her seat on the North Carolina Supreme Court on Tuesday, delivering Democrats a key victory in their effort to reclaim a majority on the state's highest court.

  • November 03, 2026

    Fla. Panel Told Stormwater Plan Disregards Clean Water Law

    West Palm Beach asked a Florida state appeals court on Tuesday to rescind a permit for a stormwater management project along a forest preserve, saying a regional agency failed to consider state legislation strengthening water quality standards. 

  • November 03, 2026

    4th Circ. Keeps CIA Officers' Appeal Rights In DEI Firing Suit

    All but one of the Fourth Circuit's judges voted to deny the federal government's request for an en banc rehearing of a panel's split decision that allowed CIA officers to appeal terminations that were allegedly due to their involvement with assignments related to DEI and accessibility, according to a Tuesday order.

  • November 03, 2026

    Ga. Court Affirms Toss Of $7.5M Verdict In Patient Death Suit

    A Georgia appeals court on Tuesday affirmed a trial judge's decision to wipe out a jury's $7.5 million verdict against healthcare providers accused of negligently discharging an emergency room patient who was later hit and killed by a car, saying the plaintiffs failed to prove the providers' alleged negligence caused the death.

  • November 03, 2026

    States, Others Back Argentina Sovereign Immunity Challenge

    Fourteen states, a U.S. senator from Missouri and others are urging the U.S. Supreme Court to reverse a Second Circuit decision overturning a New York judge's $16 billion judgment against Argentina in a case that arose from its nationalization of YPF SA, the country's largest oil and gas exploration company.

  • November 03, 2026

    NJ Panel Revives Damages Over $36K Campaign Wire Error

    A New Jersey appellate panel held that Valley National Bank, as subrogee for state Sen. Jon Bramnick's campaign, is entitled to punitive damages in its third-party complaint against JPMorgan Chase Bank NA and others seeking the repayment of $36,000 mistakenly deposited in the wrong account, finding that the parties that received the funds ignored repeated requests to return them.

  • November 03, 2026

    Youth File Fresh Appeal In Colo. Hospital Gender Care Suit

    Transgender youth patients of Children's Hospital Colorado have brought yet another challenge to a judge's discharge of their contempt citation against the hospital for not resuming providing them medical gender-affirming care, this time asking the Colorado Court of Appeals to weigh in on whether the hospital complied with an injunction.

  • November 03, 2026

    Troops Urge Justices To Delay Review Of Military Trans Ban

    A group of transgender servicemembers have asked the U.S. Supreme Court to decline to review the Trump administration's ban on transgender individuals serving in the military for now, saying the government's current appeal of a narrow circuit court ruling against the policy is premature and incomplete.

  • November 03, 2026

    Justices Seem Open To Colo. Catholic Schools' Bias Claims

    The U.S. Supreme Court appeared receptive Tuesday to a push by Catholic parishes to be exempted from a requirement under Colorado's universal preschool program that ties funding to the acceptance of a nondiscrimination mandate, with Justice Brett Kavanaugh saying the case poses a "clash" between religious and LGBTQ+ rights.

  • November 03, 2026

    2nd Circ. Denies Kalshi, Coinbase Enforcement Shields

    A Second Circuit panel on Tuesday rebuffed separate bids by Kalshi and Coinbase to temporarily shield their sports contracts from New York and Connecticut gambling regulators after the judges appeared unconvinced by the platforms' attempts to draw lines between sports event contracts and sports bets.

  • November 03, 2026

    Past Losses Haunt Colo.'s Universal Preschool Law Defense

    For eight years, Colorado has repeatedly met a skeptical U.S. Supreme Court when defending antidiscrimination laws against religious objectors. Now, that poor track record seems likely to doom the state's latest attempt to protect its universal preschool program's equal opportunity mandate from Catholic challengers.

  • November 03, 2026

    Florida Justice Holds Seat Amid Calls For Removal

    Justice Carlos Muñiz held his seat on the Florida Supreme Court in his second merit retention election on Tuesday, despite calls by editorial boards around the state to push him off the bench. 

  • November 03, 2026

    W.Va. Coal Mine Opponents Defend Permit Vacatur At 4th Circ.

    Environmental groups told the Fourth Circuit that a West Virginia federal judge was right to scrap a Clean Water Act permit that allowed Republic Energy LLC to bury 20,000 feet of valley streams with fill from surface coal mining.

  • November 03, 2026

    En Banc 9th Circ. Kiboshes Election Threat Order Against DOJ

    New litigation brought by unions and civil rights groups seeking to stop the U.S. Department of Justice from threatening election workers whipsawed through the Ninth Circuit at lightning speed Tuesday, with a split en banc Ninth Circuit panel eventually finding that the DOJ's actions don't merit a temporary restraining order.

  • November 03, 2026

    Chanel Keeps $4M Win Against Luxury Reseller At 2nd Circ.

    The Second Circuit on Tuesday upheld a New York federal jury's verdict ordering a luxury reseller to pay Chanel Inc. $4 million for selling unauthorized handbags, but vacated as "premature" the trial court's award of more than $560,000 in litigation expenses to Chanel.

  • November 03, 2026

    Fed. Circ. Unsure How Judge Messed Up Drug Patent Ruling

    The Federal Circuit didn't seem all too convinced Tuesday morning that a lower court committed an error in finding that healthcare company Fresenius Kabi USA had failed to prove that a pair of Heron Therapeutics patents covering a nausea drug were invalid.

  • November 03, 2026

    2nd Circ. OKs 2-Year Term For Counterfeiter Of Luxury Goods

    The Second Circuit on Tuesday affirmed a two-year prison sentence for a New York woman convicted of trafficking counterfeit luxury goods, rejecting her argument that a congressional directive favoring noncustodial sentences for certain first-time offenders required a different result.

Expert Analysis

  • What Anthropic Security Ruling Means For Gov't Contractors

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    In light of the D.C. Circuit ruling backing the U.S. Department of Defense's decision to remove Anthropic's Claude artificial intelligence models from its supply chain, there are a few steps contractors can take in response, including assessing whether to eliminate use of Anthropic products entirely, say attorneys at Blank Rome.

  • DC Circ. Ruling Highlights Limits Of DOE Grid Orders

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    The D.C. Circuit's recent decision in Michigan v. U.S. Department of Energy, vacating a DOE order to keep a coal-burning power plant open, gives utilities more insight into the durability of federal orders premised on protecting grid security, say attorneys at ArentFox Schiff.

  • Testing AI's Promise For Large-Scale Document Review

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    Our document-review comparison of attorneys' responsiveness and issue coding decisions versus predictions generated by artificial intelligence across 1,600 documents suggests that these tools can offer a reasonable and reliable basis for improved discovery workflows, provided lawyers understand where guardrails are needed, say attorneys at Redgrave.

  • Opinion

    Colo. Climate Suit Defies Limits Of State Power

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    In Suncor Energy v. Boulder County, the U.S. Supreme Court must not allow a single Colorado county to penalize pollution occurring across the country and around the globe, because the U.S. Constitution forbids states from exercising power beyond their borders, says Michael McGinley at Dechert.

  • What's Next For Prediction Markets If States Win At High Court

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    While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

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    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • Florida Condo Ruling Offers Tips For Contractor Lien Disputes

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    A recent Florida appellate decision, holding condo owners may challenge liens placed on their units, despite not being party to the underlying disputed agreement their association struck with contractors, offers lessons on lien enforcement to both contractors and condo owners, say attorneys at Adams & Reese.

  • BIA Ruling Could Make Immigration Bond A Catch-22

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    A recent Board of Immigration Appeals decision refining the way immigration judges assess flight risk, when read broadly, could create a circular rule under which a noncitizen can be treated as a flight risk because they have too few ties to the U.S., but also because they have too many, says Georgianna Pisano Goetz at the National Immigrant Justice Center.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

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    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • Wis. Coverage Ruling Rejects Strict Ensuing Loss Test

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    In Cincinnati Insurance v. Ropicky, the Wisconsin Supreme Court recently examined the relationship between an insurance policy's construction defect exclusion and ensuing loss exception, providing policyholders support in claiming that an additional cause may produce covered damage despite an excluded condition being part of the loss sequence, says Alexander Hopkins at SDV Fenchurch.

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