Appellate

  • October 09, 2026

    Texas Homeowners Lose Appeal In Harvey Flood Suit

    A Texas appellate court ruled Friday that the companies behind a housing development had no duty to prevent the catastrophic flooding associated with Hurricane Harvey, handing a defeat to homeowners in a suit that appeared to pose a novel issue given the historic storm.

  • October 09, 2026

    Cities Ask Justices To Undo Texas-DOJ Immigration Rule Deal

    Democracy Forward Foundation and several cities asked the U.S. Supreme Court on Friday to stay a district court's approval of a deal Texas and the Trump administration struck to vacate a Biden-era rule allowing immigration courts to temporarily close cases.

  • October 09, 2026

    Expert's Failure To Identify Doctors Dooms Texas Med Mal Suit

    A Texas appellate court has tossed a medical malpractice lawsuit accusing three doctors of failing to diagnose a woman's brain cyst, holding that the plaintiff's expert report failed to identify which physicians allegedly caused the woman's injuries.

  • October 09, 2026

    Pot Farm Seeks Review Of 6th Circ. Federal-Illegality Ruling

    A Michigan cannabis farm is asking the Sixth Circuit to reconsider a recent holding that contracts in the federally illegal marijuana industry are unenforceable, saying the ruling would cause "unimaginable instability" in jurisdictions with legalized cannabis.

  • October 09, 2026

    Atty Wrongly Axed CitiMortgage Suit, Clients Tell NC Justices

    A couple asked the North Carolina Supreme Court to revive their lawsuit against CitiMortgage Inc., claiming their attorney permanently dismissed their claims without their permission when they had agreed only to a dismissal that would allow them to refile.

  • October 09, 2026

    Pa. Justices Won't Extend Deadline For 'Skill Games' Removal

    The Pennsylvania Supreme Court has denied a request from three state lawmakers and a group of "skill games" operators to extend the deadline for businesses to remove devices that the high court recently deemed illegal slot machines.

  • October 09, 2026

    11th Circ. Orders Resentencing Under New Robbery Rule

    The Eleventh Circuit has ruled that a man convicted of robbing two auto parts stores should be resentenced because changes in the federal sentencing guidelines retroactively updated language relating to the physical restraint of a victim.

  • October 09, 2026

    DirecTV, AGs Can't See Nexstar-Tegna Benefits Yet

    A California federal magistrate judge refused to make Nexstar and Tegna explain how their $6.2 billion merger will boost local news against streaming competition and accelerate technological transition, rejecting as premature a motion to compel from DirecTV and the bipartisan coalition of state attorneys general challenging the deal.

  • October 09, 2026

    Mass. Court Hints At 2nd Look Of $165M Insurance Judgment

    Massachusetts' highest court hinted Friday that it could order a judge to show how she calculated the restitution included in a $165 million judgment against three UnitedHealth-owned companies for deceptive marketing practices.

  • October 09, 2026

    ERISA Recap: 6 Notable Decisions From September

    The Tenth and Seventh circuits issued published opinions in two union retirement disputes, while the Sixth Circuit found that the Commonwealth of Kentucky's lawsuit against pharmacy benefit managers does not belong in state court, citing colorable federal preemption arguments. Here's more on those decisions and three other notable rulings involving the Employee Retirement Income Security Act that came down in September.

  • October 09, 2026

    Feds Again Turn To 9th Circ. In Fight Over ICE Facility

    The Trump administration said Friday it will ask the Ninth Circuit to overturn a trial court decision requiring ICE to give independent monitors access to conduct inspections and electronic records for detained immigrants at a lockup in Adelanto, California, where a judge has twice called for conditions to be improved.

  • October 09, 2026

    11th Circ. OKs Experience-Based Price For Fla. Bar Exam

    Florida can continue to charge "experienced" attorneys more money to sit for the state's bar exam than recent law school graduates, after the Eleventh Circuit on Friday rejected a lawsuit claiming the policy violates the Commerce Clause by discriminating against out-of-state attorneys.

  • October 09, 2026

    11th Circ. Tosses Crash Award Over Doctor Testimony

    The Eleventh Circuit on Friday threw out a roughly $400,000 damages award a trucking company was ordered to pay to a victim of a crash with one of its drivers, saying the lower court didn't issue a clear enough ruling on the testimony from her physician.

  • October 09, 2026

    Up Next At High Court: Criminal Sentences & Video Privacy

    The U.S. Supreme Court will close out its October sitting by hearing oral arguments in two cases that ask what level of deference federal district courts should give to commentary interpreting the federal sentencing guidelines, and what purchases are protected under a video consumer privacy statute.

  • October 09, 2026

    Gov't Can't Raise New Line In $16M Tax Suit, Founder Says

    The government cannot use a postargument letter to introduce a new argument in a dispute with the founder of Buy.com over his nearly $16 million tax bill, he told the Tenth Circuit.

  • October 09, 2026

    Del. Justices Back ATG In Empery Proxy Fight

    The Delaware Supreme Court has upheld a Chancery Court ruling requiring digital asset company Empery Digital Inc. to allow activist investor ATG Capital Opportunities Fund LP's nine board nominees to stand for election, rejecting the company's challenge less than a week before its annual meeting Oct. 14.

  • October 09, 2026

    Arizona Tribe Loses Bid To Pause Border Wall Construction

    A D.C. federal judge has denied an Arizona tribe's request to block border wall construction on its reservation pending appeal, saying the Indigenous nation hasn't identified any reason for reconsideration of a previous decision that reached the same conclusion.

  • October 09, 2026

    Pa. Odd Fellows Lodge Can't Take Over Philly Charity

    The Pennsylvania leaders of the International Order of Odd Fellows can't take over a Philadelphia charity that a local lodge had organized 140 years ago, since amendments to the charity's charter and bylaws giving the "Grand Lodge" control had not followed the original charter or state law, an appellate panel has ruled.

  • October 08, 2026

    Pasadena Worker Accuses 9th Circ. Of 'Lies' In COVID Ruling

    A Pasadena police employee on Thursday failed to convince the Ninth Circuit to give him a second shot at suing the city over its COVID-19 vaccination policy, rejecting his argument that a panel decision in the matter was "rife with lies, misstatements, material omissions and total fabrications."

  • October 08, 2026

    Starbucks Says NLRB Ignored Repeat Dress Code Violations

    Starbucks asked the Fifth Circuit on Thursday to vacate a National Labor Relations Board decision that the coffee chain flouted federal labor law by stepping up dress code policy enforcement without bargaining beforehand, arguing management at a unionized Oregon store followed the company's established corrective action policy.

  • October 08, 2026

    DOJ Urges Justices To Keep Anti-ICE Activist Detained Pretrial

    Federal prosecutors on Thursday urged the U.S. Supreme Court to leave in place a Sixth Circuit ruling that a self-described "antifa" member must remain in jail pending trial on charges that he cyberstalked and threatened a social-media supporter of U.S. Immigration and Customs Enforcement.

  • October 08, 2026

    Wash. Justices Say Privacy Act Doesn't Bar Hospital Pixel Use

    The Washington State Supreme Court said Thursday the state's privacy act does not prohibit Seattle Children's Hospital from using web analytics tool Meta Pixel on its public-facing website, rejecting a group of parents' allegations that their browsing and search activity was illegally intercepted and sent to the Facebook parent company.

  • October 08, 2026

    Coinbase Tells 2nd Circ. Only CFTC Oversees Event Contracts

    Event contracts that Coinbase offers, including sports event contracts, are swaps over which the Commodity Futures Trading Commission has "exclusive" jurisdiction, the company has urged the Second Circuit to rule, arguing Connecticut's laws have "no role to play" in regulating prediction markets.

  • October 08, 2026

    Dodd-Frank Act Is Focus Of Latest Amici In NJ-Kalshi Case

    Multiple amici, including the drafter of the Dodd-Frank Act, weighed in on New Jersey’s petition for the U.S. Supreme Court to review the regulation of prediction markets and sports betting, saying the statute was not meant to displace state gambling laws.

  • October 08, 2026

    Pa. Justices Urged To Toss $207M UPenn Med Mal Verdict

    The U.S. Chamber of Commerce has pressed the Pennsylvania Supreme Court to overturn a lower court ruling that allowed a record $207 million medical malpractice verdict, saying because no individual hospital employee was found negligent, the case improperly expands vicarious liability into an unprecedented "team liability" doctrine.

Expert Analysis

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

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