Appellate

  • February 25, 2026

    High Court Says GEO Group Can't Appeal Immunity Ruling

    The U.S. Supreme Court ruled Wednesday that GEO Group Inc. cannot immediately appeal a district court decision that found it does not derive sovereign immunity from the federal government in a forced labor class action brought by immigrant detainees.

  • February 24, 2026

    DC Circ. Weighs Power To Keep CFPB Job Cuts On Hold

    D.C. Circuit judges wrestled Tuesday with the Trump administration's push to lift an injunction blocking mass layoffs at the Consumer Financial Protection Bureau, signaling doubts about the government's position that the lower court order was wholly ill-founded and overbroad.

  • February 24, 2026

    9th Circ. Grants Atty Fee Appeal In Eye Drop Pricing Suit

    District courts cannot reduce fee awards to attorneys based on a firm's size, the Ninth Circuit ruled in a published opinion Tuesday, sending a case back to a California federal court to recalculate attorney fees awarded to a "small" firm that represented wholesalers in a Robinson-Patman Act suit against eye drop manufacturers.

  • February 24, 2026

    Trump Says Countries Will Keep Deals Despite Tariff Ruling

    President Donald Trump said trade deals reached with countries underpinned by tariffs invalidated by the U.S. Supreme Court would continue to be honored during his State of the Union on Tuesday evening, although it remained unclear precisely how those duty terms will be reimposed domestically.

  • February 24, 2026

    7th Circ. Questions Keeping 5 NEC Suits In Federal MDL

    A Seventh Circuit panel seemed hesitant Tuesday to back an Illinois federal court's finding that several Pennsylvania-based necrotizing enterocolitis suits should stay in multidistrict litigation involving similar cases, as one judge suggested that supporting the lower court's fraudulent joinder analysis could put district judges in a "tough spot."

  • February 24, 2026

    Meta's Win Upheld In Investor Row Over Apple's Ad Changes

    The Ninth Circuit on Tuesday affirmed the toss of a putative investor class action accusing Meta Platforms Inc. of hiding the financial impact of Apple's privacy changes on its business, finding that the plaintiffs had failed to plead the necessary elements to sustain their fraud claims.

  • February 24, 2026

    Ill. Café Urges 7th Circ. To Revive Licensing Bias Suit

    A Chicago-area café urged the Seventh Circuit on Tuesday to revive claims that it was unconstitutionally denied a liquor license for a tavern it planned to acquire, saying admitted animus over the owner's effort to shed light on red-light-camera-related corruption should overcome any rational basis analysis over the denial.

  • February 24, 2026

    10th Circ. Strikes Down Warrants For Protester's Data

    The Tenth Circuit on Tuesday reined in police officers' immunity in a lawsuit over search warrants for electronic devices and the data on them, largely agreeing with a housing-rights protester and an organizer that Colorado Springs, Colorado, police officers' warrants to obtain their data were overbroad.

  • February 24, 2026

    10th, 5th Circ. Stalwarts Step Back From Bench

    U.S. Circuit Judge Timothy Tymkovich has announced that he'll take senior status from his seat on the Tenth Circuit, just a day after U.S. Circuit Judge James L. Dennis said he'd step down from the Fifth Circuit.

  • February 24, 2026

    Alaska Airlines Attendant Wins COVID Workers' Comp Appeal

    Washington appellate judges sided with an Alaska Airlines flight attendant Tuesday in a workers' compensation dispute, upholding a jury verdict that Lisa M. Azorit-Wortham's March 2020 COVID-19 infection while traveling for work should be covered as an occupational disease.

  • February 24, 2026

    6th Circ. Affirms Dismissal Of Sotera Toxic Gas Investor Suit

    The Sixth Circuit on Tuesday affirmed a lower court's dismissal of an investor lawsuit accusing Sotera Health Co. of concealing the carcinogenic nature of a gas used at its sterilization plants, finding Sotera did not make any actionable false or misleading statements to investors.

  • February 24, 2026

    DC Circ. Presses Gov't On Reason For $20B EPA Clawback

    The full D.C. Circuit gave the federal government the third degree Tuesday as it tried to convince the court that it should stick with a panel's decision that the Environmental Protection Agency is allowed to freeze $20 billion in grant funds intended for green groups.

  • February 24, 2026

    DJI Asks 9th Circ. To Strike Down FCC 'Covered List' Ruling

    Drone maker DJI has decided not to wait to find out whether the Federal Communications Commission will reconsider its decision to place many of its products on the "covered list" before appealing to the Ninth Circuit the ruling declaring its products suspect.

  • February 24, 2026

    Lindis Decries Erasing $50M Verdict Over Inequitable Conduct

    A Delaware federal judge wrongly overruled Lindis Biotech's $50 million infringement verdict against Amgen by falsely concluding an inventor intended to deceive the patent office during prosecution, the German company has told the Federal Circuit.

  • February 24, 2026

    High Court Won't Stay Dow Corning Breast Implant Fund Row

    The U.S. Supreme Court on Tuesday denied a request to stay a lower court's order permanently wiping out the claims of more than 2,600 Koreans who said they were failed by how the settlement was structured, as they were given notice only in English regarding their claims.

  • February 24, 2026

    Texas Panel Skeptical That Doctor's Hands Are Property

    A Texas appellate court appeared dubious at a claim that a doctor's hands count as personal property in a case accusing a state-owned hospital of healthcare negligence, asking Tuesday what to do with the state Supreme Court's instruction to narrowly construe waivers of sovereign immunity.

  • February 24, 2026

    Heirs Push DC Circ. To Rehear Nazi Art Expropriation Case

    The descendants of a Hungarian Jewish art collector trying to recover a Nazi-looted art collection have asked the full D.C. Circuit to rehear their appeal, arguing that a three-judge panel of the court erred in affirming a lower court's dismissal of their lawsuit.

  • February 24, 2026

    Enbridge Opposes High Court Exam Of Mich. Immunity Claims

    Enbridge Energy is urging the U.S. Supreme Court not to examine the Michigan governor's sovereign immunity claims as it fights her decision to revoke a pipeline easement, arguing she has sought to "manufacture" a conflict in federal precedent.

  • February 24, 2026

    4th Circ. Nixes Tree Farm Plans For Va. Golf Community

    The Fourth Circuit on Tuesday found that a Virginia Beach, Virginia, residential community for seniors can restrict a company from planting over a centerpiece golf course with trees, in a dispute that escalated after the company put up a "spite fence" and banned walking on the course.

  • February 24, 2026

    Justices Urged To Restore 'Critical Limits' To SEC Sanction

    The U.S. Supreme Court should make it clear that the U.S. Securities and Exchange Commission cannot seek disgorgement from wrongdoers without first identifying victims who have suffered financial harm, the justices heard as briefing got underway in a case that could curb the agency's ability to collect money from alleged fraudsters. 

  • February 24, 2026

    11th Circ. Notes Lack Of Info On Why Gun Fired In $2.3M Case

    An Eleventh Circuit panel appeared concerned Tuesday about the viability of a more than $2.3 million verdict awarded to a Georgia man who was injured by an unintentional shot from his Sig Sauer pistol, expressing reservations about his lack of an affirmative explanation for how the gun went off.

  • February 24, 2026

    2nd Circ. Orders Royalty Redo In Music Licensing Case

    The Second Circuit on Tuesday ordered a federal judge to recalculate what royalties are owed to a music licensor from the North American Concert Promoters Association, saying the judge had adopted a revenue structure with no precedent in the concert industry without explaining why.

  • February 24, 2026

    2nd Circ. Axes Diagnostic Test Fraud Suit Against Siemens

    The Second Circuit on Tuesday affirmed a lower court's dismissal of a lawsuit accusing Siemens of defrauding the government, saying there's no example of a single diagnostic medical test rendered unreliable from the company's alleged shipping practices.

  • February 24, 2026

    11th Circ. Clears Path For CFPB's Clean-Energy Loan Rule

    The Eleventh Circuit on Tuesday allowed the Consumer Financial Protection Bureau's new rule on clean-energy home improvement loans to take effect next week, rejecting a last-ditch attempt by a trade group to block the Biden-era measure's mortgage-style protections.

  • February 24, 2026

    Mallinckrodt's Ch. 11 Blocks Antitrust Payouts, Judge Rules

    A Connecticut federal judge has ruled that drugmaker Mallinckrodt PLC shrugged off monetary claims brought by states in a sprawling generic drug antitrust enforcement action when the company emerged from bankruptcy in 2022.

Expert Analysis

  • NC Ruling Shows Mallory's Evolving Effects For Policyholders

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    A recent North Carolina decision, PDII v. Sky Aircraft, demonstrates how the U.S. Supreme Court's consequential jurisdiction decision in Mallory v. Norfolk Southern may permit suits against insurers anywhere they do business so long as the forum state has a business registration statute that requires submitting to in-state lawsuits, says Christopher Popecki at Pillsbury.

  • Malpractice Claim Assignability Continues To Divide Courts

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    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Tips For Financial Advisers Facing TRO From Former Firm

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    The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.

  • Pittsburgh Post-Gazette Closure Highlights Labor Law Stakes

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    The Pittsburgh Post-Gazette's recently announced closure, after the U.S. Supreme Court denied relief from an injunction mandating that the newspaper restore terms from its previous collective bargaining agreement, illustrates that prematurely declaring an impasse and implementing unilateral changes carries risk, says Sunshine Fellows at Freeman Mathis.

  • Unpacking Dormant Commerce Clause Cannabis Circuit Split

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    Federal courts have reached differing conclusions as to whether state-legal cannabis is subject to the dormant commerce clause, with four opinions across three circuit courts in the last year demonstrating the continued salience of the dormant commerce clause debate to the nation's cannabis industry, regulators and policymakers, say attorneys at Perkins Coie.

  • Texas AG Wields Consumer Protection Law Against Tech Cos.

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    Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

  • Emerging Themes In Nevada High Court Civil Litigation

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    The Nevada Supreme Court issued a series of significant civil rulings in 2025 that reflect recurring themes: a restrained approach to personal jurisdiction, heightened expectations of professionalism, close scrutiny of trial conduct, and a willingness to enforce contractual provisions that other jurisdictions might reject, says Michael Lowry at Wilson Elser.

  • What To Know As Courts Rethink McDonnell-Douglas

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    Although the U.S. Supreme Court declined the latest opportunity to address the viability of the McDonnell-Douglas burden-shifting framework used in employment discrimination and retaliation claims, two justices and courts around the country are increasingly seeking to abandon it, which could potentially lead to more trials and higher litigation budgets, say attorneys at Jackson Lewis.

  • A Primer On Law Enforcement Self-Defense Doctrine

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    In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • How Specificity, Self-Dealing Are Shaping ERISA Litigation

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    Several recent cases, including the U.S. Supreme Court's forthcoming ruling in Anderson v. Intel, illustrate the competing forces shaping excessive fee litigation, with plaintiffs seeking flexibility, courts demanding specificity, fiduciaries facing increased scrutiny for conflicts of interest, and self-dealing amplifying exposure, says James Beall at Willig Williams.

  • Contract Disputes Recap: Terminations Galore

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    Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

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