Appellate

  • January 14, 2026

    Full 5th Circ. Will Revisit PWFA's Constitutionality

    The Fifth Circuit late Wednesday vacated a split panel opinion allowing enforcement of the Pregnant Workers Fairness Act against the state of Texas, granting an en banc rehearing to consider whether the U.S. Constitution required House lawmakers' physical presence to have a quorum when the statute was approved.

  • January 14, 2026

    Colo. Ex-Clerk Asks Appeals Court To Overturn Convictions

    The former clerk and recorder of Mesa County, Colorado, asked the state's appellate court to overturn her convictions for a 2020 election-related scheme, arguing immunity during Wednesday's oral arguments that pressed the state on evidentiary and sentencing issues.

  • January 14, 2026

    Calif. Again Asks 9th Circ. To Unleash Kids' Privacy Law

    California's attorney general was back before the Ninth Circuit on Wednesday, urging the court to vacate a new preliminary injunction blocking a landmark law requiring tech giants to bolster privacy protections for children, and arguing the lower court wrongly found the entire statute likely implicates the First Amendment.

  • January 14, 2026

    Fla. Tribe Urges 11th Circ. To Uphold Detention Center Block

    A federally recognized Florida tribe has asked the 11th Circuit to uphold a lower court's preliminary injunction halting operations of an immigrant detention center in the Everglades, arguing that environmental safeguards are at stake rather than immigration policy.

  • January 14, 2026

    Tort Report: Los Angeles Tops Annual 'Judicial Hellhole' List

    Los Angeles' designation by a tort reform group as a top "judicial hellhole," and the latest in a suit over a Kentucky judge shot to death in his own chambers lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • January 14, 2026

    6th Circ. Skips Rethink, But Still Spars Over Indirect Buyer Bar

    A decision by the full Sixth Circuit not to rehear a lawsuit over an alleged allergy testing and treatment provider boycott has turned into an internal dustup about the limits of who can seek damages under federal antitrust law, with one judge calling for U.S. Supreme Court intervention.

  • January 14, 2026

    Mich. Panel Revives Man's Goose Attack Injury Claim

    A Michigan state appeals court revived premises liability claims against a hospital accused of not warning a contractor about a known risk of a dangerous goose frequenting the area.

  • January 14, 2026

    Court Debates Developer's Immunity In PUD District Dispute

    An attorney representing the city of Telluride, Colorado, argued in front of the state Supreme Court on Wednesday that an appellate panel was wrong to reverse a lower court's ruling prohibiting a development company from amending a parcel of land in a Planned Unit Development district.

  • January 14, 2026

    Freight Broker Tells Justices Negligence Claims Preempted

    Broker and logistics giant C.H. Robinson told the U.S. Supreme Court on Wednesday that federal law unequivocally shields freight brokers from state-based negligence and personal injury claims, saying the plaintiffs bar is pushing for patchwork liability standards that would upend interstate commerce and the supply chain.

  • January 14, 2026

    Jury Seated In Goldstein Trial, Arguments To Start Thursday

    A federal jury was seated in Thomas Goldstein's felony tax and mortgage fraud case Wednesday, but the government will wait until Thursday to begin making its case.

  • January 14, 2026

    SEC To Lean On Congress As Defense In High Court Case

    The U.S. Supreme Court is once again stepping into the debate over when the U.S. Securities and Exchange Commission can demand that alleged fraudsters give up ill-gotten gains, but this time the agency plans to argue a 2021 government spending bill should save it from further limits to its disgorgement powers.

  • January 14, 2026

    Exasperated Judge Won't Expand Opioid Film Injunction

    BioDelivery Sciences International needed to pursue a contempt order, not an enforcement action, when alleging a 2022 injunction blocking Alvogen's generic version of its Belbuca opioid film should be applied to a new generic application, a Delaware federal judge held in a case where he was already "frustrated (and exhausted)."

  • January 14, 2026

    Texas Justices Seem Open To Judicial Review Of Hemp Rule

    The Texas Supreme Court seemed skeptical of the Texas Department of State Health Services' argument that the judiciary lacks authority to review a decision to make delta-8 THC a controlled substance, asking Wednesday why the court should not have authority to enforce an existing law.

  • January 14, 2026

    Door Maker Says Birthright Ruling Doesn't Impact Divestiture

    Steves & Sons Inc. told the Fourth Circuit that the U.S. Supreme Court's recent ruling dealing with the reach of nationwide injunctions has no bearing on the door manufacturer's landmark win in a private merger challenge.

  • January 14, 2026

    House Blocks GOP Bid To Cut Funds For DC Judges, Courts

    The House on Wednesday failed to approve a Republican-led amendment to a government funding bill that would decrease the funding for D.C. courts and take aim at two federal judges Republicans are looking to impeach.

  • January 14, 2026

    Justices Wary Of NJ's Immunity Defense In Transit Injury Suits

    The U.S. Supreme Court signaled skepticism Wednesday toward New Jersey's bid to cloak its public transit system in sovereign immunity, repeatedly questioning why the state chose the corporate form and rejected liability for the agency's debts but now insists the entity functions as an arm of the state.

  • January 14, 2026

    USPTO Tells Fed. Circ. To Reject Assignor Estoppel Case

    The U.S. Patent and Trademark Office has urged the Federal Circuit to reject a mandamus petition by Tessell Inc. that claimed the office flouted precedent by using assignor estoppel to reject patent challenges, saying the decisions were based on discretion, not that legal doctrine.

  • January 14, 2026

    FAA Worker's Suspension Not Race-Based, 11th Circ. Affirms

    The Eleventh Circuit backed an early win Wednesday for the Federal Aviation Administration in a discrimination suit from an air traffic controller, ruling that "all evidence in the record" supports the conclusion that he was disciplined for failing to complete workplace training on time.

  • January 14, 2026

    Judicial Misconduct Prompts New Assault Trial In New York

    A man who was convicted of assault, disorderly conduct and criminal possession of a weapon will get a new trial, a New York appeals court ruled Wednesday, finding that a judge improperly inserted himself into the proceedings, appearing to favor the prosecution.

  • January 14, 2026

    Duke Energy Fights To Recover Over $17M In Fuel Costs

    In an effort to secure recovery of over $17 million in fuel costs, counsel for Duke Energy's electric utilities serving the Carolinas told a state appeals court Wednesday that lawmakers have always intended for utilities to recover or return fuel costs "dollar for dollar."

  • January 14, 2026

    3rd Circ. Nixes Engineer's Plea For Sharing Navy Contract Info

    In a precedential opinion Wednesday, a split Third Circuit panel ruled that a lower court should not have accepted the guilty plea of a Navy engineer charged with disclosing bid information related to a contract for submarine propeller machinery, holding that prosecutors based the plea deal on shaky legal ground.

  • January 14, 2026

    DOJ Asks To Drop Hung Counts In Ex-Gas Co. CFO's Tax Case

    Federal prosecutors asked to drop most of the remaining charges against a Russian gas company's former chief financial officer who was convicted of other tax crimes after failing to secure unanimous support from a jury, according to documents filed in a Florida federal court.

  • January 14, 2026

    Alito Denies Bid To Avoid Depos In Texas Hair Bias Suit

    U.S. Supreme Court Justice Samuel Alito on Wednesday shot down a bid from a Texas school district seeking to stave off depositions of two district officials in a case alleging the district discriminated against Black students who wore their hair in locs.

  • January 14, 2026

    EEOC Faces Headwinds In 8th Circ. Bid To Upend Jury Verdict

    The U.S. Equal Employment Opportunity Commission faced an uphill battle at the Eighth Circuit Wednesday as it sought a new trial in a suit accusing a chemical company of failing to stop a Black employee from being harassed, with one judge suggesting the agency's challenge to jury instructions is off-base.  

  • January 14, 2026

    2nd Circ. Suspects Forum Shopping In Credit Suisse Suit

    Two Second Circuit judges Wednesday sounded inclined to uphold the dismissal of a breach of duty claim against Credit Suisse and others tied to its auditing firm, with one saying the decision to bring the stock-plunge case in New York "almost smacks of forum shopping."

Expert Analysis

  • Series

    Judging Figure Skating Makes Me A Better Lawyer

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    Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

  • Female Athletes' NIL Deal Challenge Could Be Game Changer

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    A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.

  • 9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims

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    The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

  • What's At Stake In High Court's Ill. Ballot Deadline Case

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    In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.

  • How Okla. High Court Ruling Will Alter Workers' Comp. Cases

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    The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.

  • Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons

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    The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.

  • 2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers

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    Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • Contract Disputes Recap: Details, Instructions, Obligations

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    Recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals offer critical insights into contractor reliance on government specifications, how instructions can affect a contractor’s dispute rights and how both factor into the larger claims process, says Sarah Barney at Seyfarth.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Utilizing 6th Circ.'s Expanded Internal Investigation Protection

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    A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.

  • 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

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    A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Evaluating The Current State Of Trump's Tariff Deals

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    As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

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