Appellate

  • November 03, 2026

    11th Circ. Hints Ga. Tech Auditors Are Wrong Targets Of Suit

    The Eleventh Circuit seemed reluctant Tuesday to reinstate a malicious prosecution case from a former Georgia Tech professor who was accused but not convicted of selling off microchips the school paid for, suggesting the auditors he'd gone after weren't the right targets for his suit.

  • November 03, 2026

    9th Circ. Told Apple Stock Awards Belong In OT Pay

    Hourly Apple workers have asked the Ninth Circuit to revive their claims that the tech giant underpaid them for overtime by excluding the value of company stock they received, arguing that a lower court wrongly allowed Apple to exclude the stock awards from overtime calculations.

  • November 03, 2026

    11th Circ. Revives Payment Bid For Military Paint Facility Work

    The Eleventh Circuit revived a subcontractor's bid for full payment under a U.S. Army Corps of Engineers contract to construct a facility for vehicle paint preparation, ruling that a Georgia federal court erred in finding the subcontractor sued too late.

  • November 03, 2026

    Indiana Targeted Unionized Teachers' Speech, 7th Circ. Says

    The Seventh Circuit upheld a federal judge's decision to block two Indiana state laws changing how teachers authorize unions to receive a portion of their wages, finding that the laws violated the First Amendment by specifically targeting teachers who wanted to join a union and pay dues.

  • November 03, 2026

    Mass. Judge Nixes Feds' Bid To Stay Grant Termination Ruling

    A Massachusetts federal judge on Tuesday rejected the Trump administration's request to stay her judgment that it cannot terminate already-awarded federal grants based solely on the president's current priorities, and chided the government for intentionally slow-walking the case.

  • November 03, 2026

    PE Fund Lost $43M In 'Speculative' Stock Swap, Del. Suit Says

    An investor in a private equity fund has accused its managers in Delaware Chancery Court of secretly exchanging about $43 million in diversified investments for securities in a "speculative" financial company, then failing to sell those holdings before their value plunged 99.98%, leaving investors with virtually nothing.

  • November 03, 2026

    1st Circ. Won't Revive Sex Bias Suit Against Benefits Co.

    The First Circuit refused to reinstate a lawsuit from a data architect who said a health benefits company fired her because she's a woman, saying she hadn't alleged that colleagues responsible for "stray" sexist comments played a role in her termination.

  • November 02, 2026

    Judiciary Stuck In AI Rulemaking Rut As Attys, Judges Protest

    Judiciary efforts to enact rules for the artificial intelligence age are mired in concerns about burdens on litigators, the tensions between burgeoning technology and snail-paced policymaking, and how to even define AI. And despite vivid examples of AI's risks, officials are inching toward mothballing the prominent project.

  • November 02, 2026

    4th Circ. Says 'Beyond Doubt' Doesn't Apply In Green Card Bid

    The Fourth Circuit on Monday revived a Dominican Republic native's bid for a green card, saying in a published opinion that she only had to prove her admissibility by a "preponderance of the evidence" and not a higher burden standard.

  • November 02, 2026

    Webuild Asks Justices To Clarify Foreign Award Jurisdiction

    Italian construction giant Webuild is urging the U.S. Supreme Court to review a Third Circuit decision reviving litigation to enforce a $140 million arbitral award against it, arguing the justices must resolve whether courts can enforce such awards based solely on a defendant's in-state property.

  • November 02, 2026

    Ohio High Court Clarifies Juror-Bias Challenge Standard

    The Ohio Supreme Court ruled Monday that trial judges must disqualify prospective jurors when bias or unwillingness to follow the law is proven valid, overruling portions of two earlier decisions that allowed greater judicial discretion in such cases.

  • November 02, 2026

    DOJ Loses Bid To Revive Voter Roll Checks Ahead Of Election

    A Washington, D.C., federal judge Monday refused to pause her order striking down the U.S. Department of Justice's new policy of collecting states' unredacted voter information to cross-check voter rolls against immigration databases while it appeals her decision.

  • November 02, 2026

    5th Circ. Weighs Law Student's Kirk Comment Discipline

    A Fifth Circuit panel wanted to know what harm a former Texas Tech law student is currently experiencing as she seeks to overturn a disciplinary action related to statements she made allegedly celebrating Charlie Kirk's death, saying Monday the alleged harm seemed "speculative."

  • November 02, 2026

    9th Circ. Sends Pot Labor Law Dispute Back To Lower Court

    The Ninth Circuit revived a cannabis retailer's lawsuit challenging California's requirement that marijuana businesses have labor peace agreements with unions, ruling on Monday that the trial court abused its discretion and must reconsider the arguments, including the possibility that both sides have "unclean" hands.

  • November 02, 2026

    9th Circ. Won't Extend Block On Venezuela TPS Ruling

    The Ninth Circuit denied the Trump administration's request to block a district court order that stymied its cancellation of a temporary protected status extension for Venezuela and is set to snap back into effect after a U.S. Supreme Court stay of the order expires this week.

  • November 02, 2026

    Fuel Groups Say Courts Must Stay Out Of Calif. Waiver Fight

    Groups representing the natural gas and oil industry urged the D.C. Circuit to reverse preliminary injunction rulings over the U.S. Environmental Protection Agency's procedural move sending certain Clean Air Act waivers for California to Congress, arguing that judicial review is barred.

  • November 02, 2026

    Mich. Justices To Hear Challenge To Juror Strike Rule

    The Michigan Supreme Court has agreed to review a challenge to a state criminal court rule used to strike jurors previously charged with crimes, a policy which a defendant accused of murder has argued functions as a loophole letting prosecutors exclude from the jury Black people, who are disproportionately arrested.

  • November 02, 2026

    ATM Operators To Ask DC Circ To Revive Visa, Mastercard Suit

    ATM operators gave notice that they'll ask the D.C. Circuit to revive their long-running certified class action accusing Visa and Mastercard of an anticompetitive agreement forcing them into higher network fees.

  • November 02, 2026

    Russian Billionaire Takes Yacht Forfeiture Suit To High Court

    Russian billionaire Eduard Yurievich Khudainatov urged the U.S. Supreme Court to review the federal government's seizure and sale of a $300 million superyacht, arguing that he should have been able to contest the forfeiture as the yacht's titleholder.

  • November 02, 2026

    NY Judge Admonished For Using Title To Fight Garbage Fines

    The New York State Commission on Judicial Conduct has disciplined a Brooklyn judge for "repeatedly invoking her judicial position" while contesting New York City sanitation citations for litter in front of her home.

  • November 02, 2026

    Justices Probe Late Defense In Ex-Aide's Pregnancy Bias Suit

    The U.S. Supreme Court on Monday closely scrutinized the procedures governing late-raised legal defenses amid a former political aide's fight to reinstate her pregnancy discrimination lawsuit, with some justices hinting that the case should be sent back down for review under a different federal rule set.

  • November 02, 2026

    Ill. Panel Says Accused Sex Abuser Can't Be Held Pretrial

    An Illinois state appeals court has ruled that a former state police forensic scientist accused of sexual abuse of a minor cannot be held in jail awaiting his trial because prosecutors could not prove he poses an ongoing safety risk.

  • November 02, 2026

    Split Full 9th Circ. Backs Block On ICE Voter Fraud Probe

    A Ninth Circuit majority kept in place Friday a panel's recent ruling refusing to pause an injunction blocking U.S. Immigration and Customs Enforcement agents from carrying out a "surge initiative" to question individuals in nine states about their voter status, while seven judges criticized the panel's opinion in dissent.

  • November 02, 2026

    Carroll Asks High Court To Skip Trump Defamation Appeal

    Writer E. Jean Carroll has asked the U.S. Supreme Court not to hear President Donald Trump's appeal of an $83.3 million jury verdict finding that he defamed her after she accused him of sexual assault, saying Trump waived his presidential immunity argument.

  • November 02, 2026

    Splenda Maker Says Cancer Claims Weren't Protected Speech

    Splenda maker TC Heartland LLC urged the Fourth Circuit to revive its defamation suit against a scientist over her public warnings about the sweetener, arguing that the First Amendment does not shield statements that misrepresent research or rely on concealed test results.

Expert Analysis

  • Dissecting Dodd's, Gensler's Prediction Market Amicus Briefs

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    Former Sen. Chris Dodd and former U.S. Commodity Futures Trading Commission Chairman Gary Gensler's recent amicus briefs in support of New Jersey's petition for U.S. Supreme Court review of Kalshi v. Flaherty draw on legislative history to counter the CFTC's claim of federal preemption over the prediction markets, says Trace Schmeltz at Steptoe.

  • What Colo. High Court Will Weigh In Insurer Disclosure Case

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    In Bohanan v. Esurance, the Colorado Supreme Court will decide whether an insurance policy must be produced to a claimant notwithstanding the insurer's coverage position, and the court's interpretation of what "may be relevant to the claim," in the statute, will be paramount, say attorneys at Burg Simpson.

  • 6th Circ. Spotlights Cannabis Contract Enforceability Risks

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    The Sixth Circuit's recent reversal of a $31.8 million jury verdict against a subsidiary of cannabis giant Curaleaf highlights that state licenses do not necessarily provide the legal foundation needed to enforce contracts in federal court, which is a pattern that appears across many sectors, say attorneys at ArentFox Schiff.

  • Preventing HOA Bias After Wash. Ruling Highlights Risk

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    Because homeowners nationwide can now draw on precedent from a recent Washington state appellate decision holding that state antidiscrimination law forbids homeowners associations from biased enforcement of their rules, common-interest communities should immediately work to mitigate their expanded exposure to postsale fair housing liability, says Brett Sullivan at Fennemore.

  • 2nd Circ. Eases Employer Defense Of Dress Code Rules

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    The Second Circuit recently sided with Starbucks in a ruling that makes it easier for companies to defend dress code policies against unfair labor practice challenges, but employers shouldn't read it as a license to ban union insignia, say attorneys at Shipman & Goodwin.

  • 5 Prediction Market Queries For Every League, Athletic Dept.

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    The NFL's recent amicus brief urging the U.S. Supreme Court to resolve a circuit split over regulating prediction markets and operators like Kalshi raises important, enterprisewide governance questions for leagues, teams and athletic departments, and highlights that regulatory oversight and institutional integrity are related but distinct, say attorneys at Robins Kaplan.

  • Tips For Employers As Calif. Court Limits Harassment Liability

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    Doe v. Wells Fargo appears to be the first published California appellate decision to determine that the harasser must have supervisory authority over the plaintiff to trigger strict liability, underscoring the value of accurately documenting job roles and reporting lines, says Ellen Connelly Cohen at Call & Jensen.

  • What CMS Audit Rule Means For Medicare Advantage Plans

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    Despite ongoing legal challenges, the Centers for Medicare & Medicaid Services is moving forward with implementation of its risk adjustment data validation audits, raising statistical concerns around overpayments indicated by variance in unbalanced samples, say Stephen Fink, Brad Rice and Igor Karagodsky at Analysis Group.

  • SEC's Insider Trading Duty Rule May Face Loper Bright Test

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    In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.

  • What's At Stake As Justices Rethink Sentencing Commentary

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    Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

  • Bankruptcy Deadlines, Concessions Can Decide Lien Priority

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    The Fifth Circuit's recent decision in Adler v. Energy Debt Holdings warns buyers of secured claims to watch for binding concessions in earlier proceedings and court-imposed lien challenge deadlines, says Jennifer Maleski at Dilworth Paxson.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

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    Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

  • Mo. Official's Indictment Tests Limits Of Federal Bribery Laws

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    The recent bribery charges filed against a Missouri county executive raise questions about whether field-clearing conversations and job offers between rival candidates can rise to the level of illegal quid pro quos, potentially muddying the line between politics as usual and the federal bribery statutes, say attorneys at ArentFox Schiff.

  • Fighting Class Cert. In Wash. False Email Promo Cases

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    Retailers facing a recent wave of class actions alleging their email promotions violated the Washington Commercial Electronic Mail Act may be able to demonstrate that sending individualized, customer-specific messages produced experiences too diverse to be adjudicated on a classwide basis, say attorneys at Benesch.

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