Appellate

  • March 18, 2026

    Toy Co. Not Covered In Unpaid Judgment Fight, 8th Circ. Says

    An insurer needn't defend a toy company accused by a competitor of using legal proceedings to evade payment of an $8.5 million default judgment for false advertising, the Eighth Circuit has ruled, holding that the policy's malicious prosecution coverage doesn't extend to abuse of process claims.

  • March 18, 2026

    Groups Urge DC Circ. To Rescind 2 DOE Coal Plant Orders

    A group of environmental and public interest organizations urged the D.C. Circuit to overturn U.S. Department of Energy emergency orders requiring two Indiana coal-powered plants to continue operating into late March, arguing the DOE overstepped its authority.

  • March 18, 2026

    8th Circ. Seems Skeptical About Nix Of Wells Fargo 401(k) Suit

    The Eighth Circuit appeared skeptical Wednesday of the reasoning behind a lower court's decision to toss a proposed class action alleging Wells Fargo's 401(k) forfeiture spending violated federal benefits law, but still expressed doubts about the case's viability.

  • March 18, 2026

    Mich. Justices Hear Broad Support For Court Rule Changes

    The Michigan Supreme Court received largely supportive feedback Wednesday at its public administrative hearing on a series of proposed court rule changes, including amendments dealing with electronic service, unpublished appellate opinions and state bar representative assembly elections.

  • March 18, 2026

    11th Circ. Won't Revive Ex-JetBlue Worker's COVID Mask Suit

    The Eleventh Circuit backed JetBlue's win in a lawsuit claiming the airline violated federal disability bias law when it refused to let a flight attendant work maskless during the COVID-19 pandemic, ruling that she waited too long to file a presuit charge with the U.S. Equal Employment Opportunity Commission.

  • March 18, 2026

    Conn. Justices Won't Hear Ex-Alex Jones Atty's Ethics Case

    The Connecticut Supreme Court will not hear a challenge to the two-week suspension of Alex Jones' former lawyer, leaving intact an intermediate Appellate Court decision affirming the pared-down punishment surrounding his law firm's handling of Sandy Hook Elementary School massacre victims' personal information.

  • March 18, 2026

    Illinois Court Rejects Challenge To Chicago Dispensary Permit

    An Illinois appeals court has rejected a neighbors group's challenge to a special-use permit granted to a Chicago dispensary, finding that a lower court correctly found that the group lacked standing to challenge the zoning board's decision.

  • March 18, 2026

    Del. Allows County Subpoena Of Witnesses For Assessments

    Delaware authorized its counties to subpoena witnesses and evidence under certain conditions in disputes over nonresidential real property's assessed value as part of a bill signed by the governor.

  • March 17, 2026

    IP Atty Appeals Order Requiring OK To File WDTX Patent Suits

    Intellectual property attorney William Ramey is asking the Federal Circuit to overturn a Texas district judge's sanctions order requiring him to seek the court's permission before filing patent suits in the future, saying the judge relied on the wrong evidence in finding the attorney failed to conduct presuit investigations.

  • March 17, 2026

    NJ High Court Eyes Global Plea Deal After Nixed Conviction

    A man who pled guilty to two indictments urged the New Jersey Supreme Court to let him withdraw his global guilty plea Tuesday, saying that an appellate win in one of the cases has strengthened his negotiating position.

  • March 17, 2026

    DC Circ. To Decide How Far Back FERC Can Order Refunds

    The D.C. Circuit is set to decide exactly how far back the Federal Energy Regulatory Commission can go in implementing refund orders based on rate adjustments, having spent nearly two hours Tuesday morning hashing out the matter with several attorneys.

  • March 17, 2026

    9th Circ. Backs Rare FCA Theory In Huge Drug Prices Program

    In a novel and potentially far-reaching decision, the Ninth Circuit on Tuesday revived a major hospital chain's False Claims Act suit accusing large pharmaceutical companies of massive overcharges in a prominent drug discount program where pricing disputes are common.

  • March 17, 2026

    Colo. Appeals Panel Weighs Standing In Charter Dispute

    A Colorado school district argued to a state Court of Appeals panel Tuesday that the state school board didn't have authority to revoke the district's exclusive chartering authority in a dispute over the school board's role in contract negotiations with a charter school.

  • March 17, 2026

    USPTO Won't Ax Centripetal IPR, But Sends It To New Panel

    The U.S. Patent and Trademark Office director declined Centripetal Networks' request to quash a challenge to its cybersecurity patent that was at issue in a since-nullified multibillion-dollar judgment against Cisco Systems, saying Tuesday that the Patent Trial and Appeal Board has not yet addressed the patent's validity.

  • March 17, 2026

    NEPA Suit On Biden Immigration Rules Not Moot, DC Circ. Told

    The D.C. Circuit was pressed to revive a lawsuit accusing the Biden administration of neglecting to consider the environmental effect of reversing the first Trump administration's border policies, even though President Donald Trump has reinstated many of those policies.

  • March 17, 2026

    Russia Appeals To Justices In $242M Ukraine Awards Case

    Russia has asked the U.S. Supreme Court to resolve a circuit split on foreign sovereign immunity, as it looks to avoid paying more than $242 million in arbitral awards owed to Ukrainian power and gas companies whose operations in Crimea were seized during the Kremlin's 2014 invasion.

  • March 17, 2026

    Amici Chide Trump Admin For Calling Anthropic A Security Risk

    In separate amicus briefs to the D.C. Circuit, the ACLU, tech industry groups, former government officials and moral theologians variously panned the Trump administration's designation of Anthropic PBC as a supply chain risk to national security as unjustified, unlawful and counterproductive.

  • March 17, 2026

    1st Circ. Pauses 3rd-Nation Deportations Ruling During Appeal

    The First Circuit has granted the Trump administration a stay pending appeal of a Massachusetts federal court ruling that a class of noncitizens facing removal to countries to which they have no ties must receive meaningful notice and an opportunity to raise fears about being deported to those countries.

  • March 17, 2026

    4th Circ. Skeptical Of IRS Stance In Spousal Relief Case

    A Fourth Circuit panel expressed skepticism Tuesday over the IRS' pursuit of a decades-old debt from a Maryland woman whose late husband's fraudulent activities triggered the liability, with one judge calling the government's interpretation of an eligible liability for spousal relief "really tricky."

  • March 17, 2026

    Ga. Panel Nixes $8.5M Verdict Over Fault To Nonparty

    A Georgia appeals court has vacated an $8.5 million personal injury verdict awarded to a woman who fell while leaving her condo, saying the trial court wrongly allowed the jury to apportion fault to a nonparty that one of the defendants was vicariously liable for.

  • March 17, 2026

    NJ Justices Probe Daniel's Law Notification Requirement

    The New Jersey Supreme Court on Tuesday questioned whether a notice requirement in the state's judicial privacy law is enough to ensure that any person or entity that can be held liable under the law acted with negligence.

  • March 17, 2026

    10th Circ. Considers Ask For New Trial In $5M Toll Lanes Suit

    The Tenth Circuit on Tuesday considered a contractor's request for the court to order a new trial after a Denver federal jury awarded construction design firm Aecom $5.25 million for a contract breach in a Colorado toll lanes project, questioning the contractor's litigation strategy.

  • March 17, 2026

    Trump Can't Get 11th Circ. Redo On CNN Defamation Suit Toss

    The Eleventh Circuit on Tuesday rejected President Donald Trump's bid for the full appeals court to weigh his $475 million suit against CNN over the network calling his 2020 presidential election fraud claims a "Big Lie," leaving intact a November panel ruling affirming the case's dismissal.

  • March 17, 2026

    Texas Man Asks Justices To Undo Samsung Battery Suit Win

    A man who claims a Samsung SDI Co. Ltd. battery exploded in his pocket is urging the U.S. Supreme Court to revive his case, arguing the Fifth Circuit wrongly applied an exception that allows companies to evade jurisdiction in states where they do business by claiming they marketed the products to manufacturers, not consumers.

  • March 17, 2026

    5th Circ. Sends Texas' Ozone Plan Back To EPA

    The Fifth Circuit has withdrawn its opinion backing the U.S. Environmental Protection Agency's disapproval of Texas' plan to meet federal ozone standards, finding the agency's new cross-state emissions rule indicates it had relied on data and modeling that was unavailable to Texas before submission.

Expert Analysis

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • 5 Drug Pricing Policy Developments To Watch In 2026

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    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • 2026 Int'l Arbitration Trends: Awards Against Sovereign States

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    The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Opinion

    What Justices Got Right In Candidate Standing Ruling

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    The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • How Mediation Can Lead To Better Environmental Settlements

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    The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Opinion

    Faulty Legal Assumptions Obscure Police Self-Defense Law

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    As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

  • 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

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    In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

  • Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal

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    The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.

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