Appellate

  • 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.

  • October 23, 2026

    Ohio Justices Say Class Cert. Analysis Was 'Rigorous'

    The Ohio Supreme Court held Thursday that a trial court did not err by examining all seven requirements for class certification in a suit alleging water ratepayers were overcharged, even though the judge found two were not met but assumed for the sake of argument that the other requirements were satisfied.

  • October 23, 2026

    Wash. Tribe Can't Appeal Immunity Ruling Yet, 9th Circ. Says

    The Ninth Circuit on Friday threw out an appeal from a Native American tribe seeking to halt an environmental challenge over federal review and permitting of the tribe's proposed oyster farm, holding that the court lacks jurisdiction to hear the matter.

  • October 23, 2026

    5th Circ. Weighs Iowa Bid To Toss Charles Schwab Settlement

    A Fifth Circuit panel pushed Charles Schwab to explain why it should sign off on a settlement with investors resolving claims that its 2020 merger with TD Ameritrade created a monopoly, asking Friday how an agreed upon antitrust compliance program created value.

  • October 23, 2026

    Ariz. Court Requires 20-Day Wait For Capital Disability Exams

    An Arizona state appellate panel on Friday said a trial court erroneously ruled to allow an intellectual disability expert to examine a defendant too soon, rejecting the state's contention in a capital murder case that "not less than 20 days after" a deadline means the same thing as "within 20 days of" the deadline.

  • October 23, 2026

    Colo. Justices Asked To Hear Challenge To Amendment 87

    The man challenging the validity of signatures for a Colorado ballot initiative to raise taxes on the state's wealthiest residents appealed the dismissal of his lawsuit to the state's high court Thursday.

  • October 23, 2026

    Panel Orders New Sex Abuse Trial Over Improper Testimony

    A Connecticut appeals court on Friday ordered a new trial for a man convicted of sexual assault of a child, ruling the prosecutor was incorrectly allowed to ask witnesses to evaluate the credibility of the victim's testimony.

  • October 23, 2026

    5th Circ. Revives Facebook Users' Eyemart Wiretap Suit

    The Fifth Circuit on Friday revived a group of Facebook users' proposed class action accusing Eyemart Express LLC of disclosing their HIPAA-protected information to Meta without their consent, saying in a published opinion that Eyemart and a district court had read the statutory definition of individually identifiable health information too narrowly.

  • October 23, 2026

    Murder Evidence 'Overkill' In Passport Fraud Trial, Judge Says

    A First Circuit panel on Friday said prosecutors should not have told a jury that a defendant on trial for lying to obtain a U.S. passport was wanted for murder in Cape Verde, but nevertheless upheld his conviction due to the "overwhelming evidence" of his guilt.

  • October 23, 2026

    TransDigm Can't Ax Ex-GC's Retaliation Suit, Ohio Court Says

    TransDigm Group cannot push to arbitration its former general counsel's lawsuit alleging that she was terminated in retaliation for reporting two instances of sexual harassment and antitrust compliance concerns at the aerospace company, an Ohio appeals court ruled, saying sexual harassment allegations are not subject to arbitration.

Expert Analysis

  • Minn. Ruling Expands Insureds' Right To Independent Counsel

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    If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

  • 2nd Circ. Ruling Lays Out Administrative Right-Of-Access Blueprint

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    In Civil Rights Corps v. LaSalle, the Second Circuit recently held that the First Amendment dictates a presumptive right of access to sealed attorney grievance proceedings, providing a framework for challenging other administrative regimes that operate behind closed doors, says Jonathan Ginsberg at Carlton Fields.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • Fed. Circ. Dental IP Ruling Reinforces Prior Art Framework

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    The Federal Circuit's recent decision in Dental Monitoring v. Align Technology reaffirms the necessity of substantive written description support for establishing an earlier effective prior art date under the America Invents Act, and aligns Patent Trial and Appeal Board practice with district court litigation, say attorneys at Morgan Lewis.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • 10th Circ. Ruling Propels Emerging 'Occurrence' Consensus

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    The Tenth Circuit recently revived the Church of Jesus Christ of Latter-day Saints' bid for insurance coverage in a sexual abuse case, continuing a trend as the second circuit court to find that, where ambiguous, the definition of "occurrence" must be interpreted in favor of coverage, say attorneys at Anderson Kill.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

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