Appellate

  • 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.

  • November 03, 2026

    Ex-Hospital Worker Can't Get Out Of Bias Settlement

    A Michigan federal judge has ordered a former William Beaumont Hospital employee to honor a settlement resolving her pregnancy discrimination lawsuit, rejecting her attempts to narrow the agreement to exclude potential medical malpractice claims involving her minor child and allowing her attorneys to withdraw amid a breakdown in their relationship.

  • November 03, 2026

    Ga. Power Can't Apply New Tort Law In Exposure Suit

    A Georgia appellate panel on Tuesday rejected Georgia Power Co.'s bid to apportion fault to companies that settled out of an asbestos exposure lawsuit as well as its bid to escape the case, finding that disputes over the utility's knowledge of asbestos hazards prevent it from obtaining summary judgment.

  • November 03, 2026

    9th Circ. Backtracks On Venezuela TPS Reinstatement

    The Ninth Circuit reversed course Tuesday, granting the Trump administration's request for an administrative stay temporarily pausing a district court order that reinstated Temporary Protected Status for Venezuela, after originally denying the government's request.

  • November 03, 2026

    Synagogue Killer's Appeal Argues Limits Of Hate-Crime Law

    A Third Circuit panel examined Tree of Life synagogue shooter Robert Bowers' appeal of his death sentence Tuesday, focusing partly on his assertion that the Thirteenth Amendment didn't authorize a federal hate-crimes law to include protections for religions.

  • November 03, 2026

    Group Wants DC Golf Course Work Halt To Remain In Place

    A preservation group on Tuesday urged a D.C. federal court to maintain an order blocking further tree removals at the East Potomac Golf Course, arguing the government failed to identify any error the judge made when issuing the directive.

  • November 03, 2026

    Ill. Panel Upholds Felony Conviction Gun Ban

    An Illinois state appeals court has found that a handgun recovered by police during a traffic stop could be used to convict a man for unlawful possession of a firearm by someone with a prior felony conviction, and that the state law invoked to convict him on the gun charge did not violate his constitutional rights.

  • November 03, 2026

    2nd Circ. Revives SS&C Trade Secret Suit Against Arcesium

    Financial software company SS&C can pursue its suit alleging fintech firm Arcesium misappropriated trade secrets from its software program, Geneva, to build a rival product, Trinity, the Second Circuit ruled Tuesday.

  • November 03, 2026

    Meta Can't Send Texas Sex Trafficking Case To Calif.

    Meta Platforms Inc. can't get a sex trafficking case against it dismissed to be refiled in California court, a Texas appeals court ruled on Tuesday, finding the social media company waived its forum-selection clause by taking the case to Texas's highest court.

  • November 03, 2026

    Calif. Justices Unsure If 'Headless' PAGA Claims Are OK

    The California Supreme Court did not appear to fully indicate which way it was leaning Tuesday in a case dealing with whether workers can bring what are known as headless claims under the state's Private Attorneys General Act, meaning claims only on behalf of other workers and not themselves.

  • November 03, 2026

    10M Walmart, EBay Users Included In Certified Amazon Class

    An order unsealed Monday gives a number and lays out criteria for the class of millions of consumers certified last month in a Washington federal court lawsuit accusing Amazon of creating an artificial, anticompetitive pricing floor for goods sold on other platforms and not just on its own.

  • November 03, 2026

    Justices To Hear Apple App Store Contempt Case In January

    The U.S. Supreme Court has scheduled an argument on Jan. 11 for Apple's challenge to a contempt order issued for allegedly trying to use high commissions to prevent app developers from steering users to outside payment methods in a case brought by Epic Games.

  • November 03, 2026

    Michigan Appeals Court Affirms Cold Case Conviction

    The Michigan Court of Appeals agreed with convicted murderer Douglas Michael Laming's claim that his counsel in a 2024 trial was ineffective for failing to request jury instructions regarding accomplice testimony, but affirmed his conviction, ruling that the oversight was unlikely to have altered the trial's outcome.

  • November 03, 2026

    IRS Asks 11th Circ. To Back Denial Of $27M Easement Claim

    The U.S. Tax Court properly dismissed a partnership's bid to challenge the IRS' denial of a $27 million tax deduction for a Georgia conservation easement donation, the agency told the Eleventh Circuit, saying the partnership's petitions were filed late and the statutory deadline isn't flexible.

  • November 03, 2026

    11th Circ. Asked To Revive Suit Over $135M Rabbinical Award

    The son of a Panamanian bank founder asked the Eleventh Circuit on Tuesday to reverse an order dismissing an attempt to confirm a $135 million arbitral award in a dispute with his brother over an inheritance, arguing that the case, which was arbitrated in Miami, has enough ties to Florida.

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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