Appellate

  • February 04, 2026

    Calif. Court Revives Walmart Worker's Background Check Suit

    California appellate justices Wednesday revived a Walmart employee's lawsuit alleging the retailer added extraneous consumer reporting agencies in a background check notice during her hiring process, finding she has standing since Walmart obscured the specific agency that provided the report and the ways she could contact the agency to fix errors.

  • February 04, 2026

    SPEX Urges Fed. Circ. To Revert Slashed $1 IP Win To $553M

    SPEX Technologies Inc. is asking the Federal Circuit to reinstate the $553 million award it had won against Western Digital for patent infringement, after a California federal judge lowered it to a single dollar.

  • February 04, 2026

    Under Armour Wants 4th Circ. To Review $100M Coverage Cap

    Under Armour asked the Fourth Circuit to review a recent ruling that capped its coverage for a securities class action, government investigations and derivative matters at $100 million, saying the panel overlooked the significance of an endorsement that essentially settled a dispute over when certain claims were made.

  • February 04, 2026

    Parent Tells 9th Circ. Roblox Can't Arbitrate Suit

    A parent has urged the Ninth Circuit to uphold a lower court's ruling that Roblox can't arbitrate claims that his daughter was preyed upon by adults on the popular gaming platform, since it was his minor child, not him, who made purchases on the app.

  • February 04, 2026

    Split NC Panel Rules Adviser Can't Arbitrate Fee Fight

    An investment adviser who was fired can't arbitrate a fee fight with the company he hired to scrub his termination from public databases, a split North Carolina appeals court ruled Wednesday, finding the arbitration clause in his contract doesn't cover the company's claim for nonpayment.

  • February 04, 2026

    EPA Can't OK Calif. Engine Emissions Rules, 9th Circ. Told

    The U.S. Environmental Protection Agency failed to determine whether California's plan to set tighter emissions rules for off-road engines warranted a Clean Air Act waiver before giving the go-ahead to the Golden State, industry groups have told the Ninth Circuit.

  • February 04, 2026

    2nd Circ. Rules Medication Didn't Affect Guilty Plea Validity

    A man who took bipolar and sleep medication the night before pleading guilty to conspiring to distribute cocaine and possessing a firearm cannot appeal his 15-year sentence by implying the medications confused him, the Second Circuit affirmed Wednesday, finding questions about his state of mind covered medication side effects.

  • February 04, 2026

    Fed. Circ. Backs Infringement Immunity For NASA Contractor

    The Federal Circuit on Wednesday endorsed a California federal judge's decision that a NASA contractor doesn't have to face a patent infringement suit from a pair of California men, given that its allegedly infringing use was authorized by the federal government.

  • February 04, 2026

    US Supreme Court Won't Halt New Calif. Congressional Map

    The U.S. Supreme Court will not block California's new, voter-approved congressional districts before they can be used in this year's midterm election while California Republicans appeal their previous failed bid to block the redrawn map that they argue constitutes illegal racial gerrymandering with Democratic officials "maximizing Latino voting strength."

  • February 04, 2026

    Clemency Was 'Broken' Long Before Trump. Can It Be Fixed?

    President Donald Trump has transformed what has historically been a bureaucratic process for seeking federal pardons and commutations into a more freewheeling affair with few clear rules — and no easy solutions for reform, experts say.

  • February 04, 2026

    3rd Circ. Asks If Death Scene Photo Row Is Privacy Matter

    The Third Circuit on Wednesday pondered whether the mother of a man who jumped from a bridge to his death was entitled to privacy after a Philadelphia police officer shared a photo of the man's death scene, focusing its questioning on whether there was a reasonable expectation of privacy concerning a public death.

  • February 04, 2026

    Conn. Justices Say Miranda Waiver Covers Vague Bid For Atty

    In a 4-3 opinion, the Connecticut Supreme Court has upheld murder and burglary convictions hinged on a confession obtained after an arrestee's equivocal request for counsel, a decision the dissent said distorted a state constitutional rule that affords greater custodial interrogation protections than the federal constitution.

  • February 04, 2026

    NJ Panel Backs Approval Of Orthodox Girls' School Campus

    A New Jersey appellate panel affirmed on Wednesday a township planning board's green light for a private Orthodox Jewish girls school campus, concluding that nearby homeowners failed to show the board acted arbitrarily, capriciously or under any improper influence when it approved the project.

  • February 04, 2026

    Pa. Court Weighs Medical Marijuana Dispensary Staffing Rule

    A Pennsylvania appellate court appeared uncertain on Wednesday whether a rule promulgated by state health regulators mandating every medical marijuana dispensary maintain its own medical professional for patient consultations was reasonable and consistent with state law.

  • February 04, 2026

    4th Circ. Backs Chicken Processor In Fired Worker's ADA Suit

    The Fourth Circuit declined Wednesday to reinstate a suit from a worker who said a chicken processor unlawfully terminated him after a shooting left him with lingering medical issues, saying he failed to show he could perform the key functions of his job.

  • February 04, 2026

    3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial

    A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to be an essential function of her position, despite the lack of a job description or written policy saying so.

  • February 04, 2026

    O'Melveny Supreme Court Ace Joins Hecker Fink

    Litigation firm Hecker Fink LLP is expanding its appellate team, announcing Wednesday that an O'Melveny & Myers LLP Supreme Court expert is joining as of counsel.

  • February 04, 2026

    Real Estate Atty Can't Duck Meddling Claims, NC Justices Told

    A property owner told North Carolina's top court that a real estate attorney can't skirt allegations he helped meddle in an ownership dispute over a parcel of land in Charlotte, saying her tort claims against the lawyer might be rare, but they are still backed by the law.

  • February 04, 2026

    Ga. Chief Justice Highlights AI Risks, Civil Justice Gap

    Georgia Supreme Court Chief Justice Nels S.D. Peterson told state lawmakers on Wednesday that evidence fabricated by artificial intelligence is a greater threat to the judiciary than attorneys filing briefs with nonexistent cases based on AI hallucinations.

  • February 04, 2026

    FERC Says Rejection Of PJM Grid-Planning Change Was Sound

    The Federal Energy Regulatory Commission has defended its rejection of a plan that PJM Interconnection, a regional transmission organization, brokered with transmission owners to make grid-planning decisions without the approval of the regional grid operator's members committee, saying the plan would undermine the independence of PJM.

  • February 04, 2026

    Fla. Judge Can't Nix Death Penalty Ethics Case, Panel Says

    A Florida judicial ethics panel has pushed back on an appellate judge's effort to dismiss ethics charges over her purported attempt to influence postconviction litigation in a death penalty case via text messages with a state attorney, rejecting her argument that the charges violate her First Amendment rights.

  • February 04, 2026

    Ga. Justices Uphold $8.3M Verdict In MedMal Case

    The Georgia Supreme Court said it won't disturb a $6.5 million verdict or an additional $1.8 million attorney fee award in a suit over a botched knee surgery, with one justice clarifying what courts can do regarding jury instructions in medical malpractice cases.

  • February 04, 2026

    Mass. Court To Hear Immigrant's Guilty Plea Withdrawal Args

    Massachusetts' highest court decided on Wednesday that a man from the Dominican Republic who pled guilty to drug possession with the intent to distribute should have the chance to prove his lawyer was ineffective for failing to inform him of the deportation consequences of his plea.

  • February 04, 2026

    TMX Wants $52M Penalty From Pa. Banking Regulators Axed

    A TitleMax affiliate urged a Pennsylvania Commonwealth Court panel on Wednesday to strike down a $52 million penalty that state banking regulators have lodged against it over alleged usury law violations, arguing that the disputed loans it provided to state residents were neither negotiated nor made in the Keystone State.

  • February 04, 2026

    2nd Circ. Backs Block On Hundreds Of Geico Collection Cases

    The Second Circuit found no error in a preliminary injunction pausing over 600 collection actions filed against Geico by a doctor and medical practice accused by the insurer of a scheme to exploit New York's no-fault automobile insurance laws.

Expert Analysis

  • 4 California Insurance Law Decisions To Know From 2025

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    California continued to shape the national insurance landscape in 2025, issuing a series of decisions that may recalibrate claims handling, underwriting strategy and policy drafting in areas from property damage claims after a wildfire to automobile coverage for delivery drivers in the gig economy, say attorneys at Nicolaides Fink.

  • The Major Securities Litigation Rulings And Trends Of 2025

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    The past 12 months saw increased regulator focus on disclosures concerning artificial intelligence, signs of growing judicial scrutiny at the class certification stage, and shifting regulatory priorities at the U.S. Securities and Exchange Commission — all major developments that may significantly affect securities litigation strategy in 2026 and beyond, say attorneys at Debevoise.

  • A 6th Circ. Snapshot: 3 Cases That Defined 2025

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    With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.

  • How Fractional GCs Can Manage Risks Of Engagement

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    As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

  • Health, Legal Employers Face Unique Online Speech Hurdles

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    Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

  • Opinion

    Justices Should Clarify Loper Bright Doctrine Via Patent Case

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    The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.

  • 3 Notable Developments In Ch. 15 Bankruptcy This Year

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    Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.

  • Reviewing 2025's Most Pertinent Wiretap Developments

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    2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

  • Software Patents May Face New Eligibility Scrutiny

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    November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.

  • Contract Disputes Recap: Delay, Plain Text, Sovereign Acts

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    Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • 9th Circ. Ruling Clarifies Auditor Liability For IPO Errors

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    The Ninth Circuit's recent decision in Hunt v. PricewaterhouseCoopers elucidates the legal standard for claims against auditors in connection with a company's initial public offering, confirming that audit opinions are subjective and becoming the first circuit to review this precise question since the U.S. Supreme Court's 2015 Omnicare ruling, say attorneys at Morgan Lewis.

  • 10th Circ. Dissent May Light Path For Master Account Access

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    While the Tenth Circuit's majority in Custodia Bank v. Federal Reserve Board recently affirmed Federal Reserve banks' control over master account access, the dissent raised constitutional questions that could support banks seeking master accounts in future litigation, say attorneys at Paul Hastings.

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