Appellate

  • November 06, 2026

    DC Circ. Mulls Whether Gov't Can Drag Feet On Afghan Visas

    The D.C. Circuit didn't seem so sure Friday morning that thousands of Afghan and Iraqi citizens who helped U.S. forces overseas should be stripped of their class status as they sue the government for making them wait more than five years for their special visa applications to be processed.

  • November 06, 2026

    Boeing Can't Appeal Punitive Damages Door Plug Ruling

    A Washington state judge Thursday rejected Boeing's effort to quickly appeal a ruling that denied its bid to block punitive damages in passengers' lawsuit over the 2024 blowout of an aircraft door panel, siding with plaintiffs attempting to show the incident had ties to the aerospace giant's former Chicago headquarters.

  • November 06, 2026

    Cities, Counties Fight Revival Of FEMA Election Conditions

    Cities and counties in Ohio, Tennessee and Texas, along with two dozen state allies, urged the D.C. Circuit to reject the Trump administration's push to revive a vacated Federal Emergency Management Agency rule that conditioned counterterrorism grant funding on election policy changes.

  • November 06, 2026

    Ex-Solicitor Hopes Municipal Jobs Support Reinstatement Bid

    A former Pennsylvania city solicitor's depression and financial struggles had eroded his judgment when he took more than $100,000 from his IOLTA account to pay his bills and office salaries, he told a disciplinary hearing board Friday in his bid to be reinstated from suspension.

  • November 06, 2026

    Up Next At High Court: Pipeline Takings & H-2A Fines

    The U.S. Supreme Court will wrap up its November sitting by hearing disputes over whether federal or state law should control how much compensation landowners receive for private condemnations under the Natural Gas Act and if the U.S. Department of Labor can use in-house courts to issue civil penalties for violations of its temporary agricultural worker program. 

  • November 06, 2026

    Sea Bass Fishing Isn't Banned In S. Atlantic, 11th Circ. Told

    A seafood company asked the Eleventh Circuit on Friday to reverse the government's denial of a permit to import frozen sea bass caught in a region of the South Atlantic, arguing a federal agency embargoed the fish after wrongly concluding there was a total prohibition on commercial fishing there.

  • November 06, 2026

    ERISA Recap: 4 Decisions To Know From Oct.

    The full Eleventh Circuit's repeal of its administrative exhaustion standard under federal benefits law was the biggest ruling issued in Employee Retirement Income Security Act litigation during October, but district courts issued some noteworthy decisions, as well. Here are four developments from last month that ERISA attorneys should have on their radar.

  • November 06, 2026

    Pepsi Urges High Court To Leave TM Strength To Judges

    PepsiCo Inc. has asked the U.S. Supreme Court to reject an appeal from a coffee company that wants the justices to overrule a Second Circuit order allowing judges to decide the strength of trademarks, saying the question of trademark strength was a "quintessentially legal" one best left to judges.

  • November 06, 2026

    3rd Circ. Preview: UPenn Staff Rifts, FTC $3M Fee Fight

    The Third Circuit began its November session by examining Tree of Life synagogue shooter Robert Bowers' appeal of his death sentence and is set to hear a number of other matters ranging from a state's bid to restore millions of dollars in food aid, to the federal government fighting a $3 million counsel fee award, to reviewing the third-party harassment test.

  • November 06, 2026

    Mich. Supreme Court Chief Next To Lead Chief Justice Group

    The Michigan Supreme Court's chief justice has been named president-elect of the Conference of Chief Justices, a national organization representing the highest-ranking state judicial officers, and she plans to focus on expanding access to legal services, reforming attorney licensing and strengthening courthouse security.

  • November 06, 2026

    Top Blanche Adviser Among Latest To Exit DOJ

    A top legal adviser to U.S. Attorney General Todd Blanche announced his departure from the U.S. Department of Justice Friday, becoming the latest in a slew of high-profile resignations from the department since Republicans' midterm election defeat Tuesday night.

  • November 06, 2026

    3rd Circ. OKs Konica Minolta Appeal Of Severance Suit Class

    The Third Circuit said it will consider Konica Minolta's bid to unwind class status in an ongoing lawsuit alleging the business services provider used an office relocation as cover for conducting a mass layoff without having to pay severance.

  • November 06, 2026

    FCC Denies It's Foot-Dragging Review Of Philly TV License

    The Federal Communications Commission has asked the D.C. Circuit to reject an advocacy group's request to force the agency to review a challenge to Fox TV's Philadelphia broadcast license.

  • November 06, 2026

    IP Atty Reaches Deal To End FCA Suit Over Apriso Patent

    An intellectual property attorney has entered a settlement to resolve his False Claims Act suit against the pharmaceutical company Bausch alleging it fraudulently obtained a patent to block the production of a generic ulcerative colitis medication, Apriso.

  • November 06, 2026

    2nd Circ. Doubts Aetna's Push To Arbitrate Health Fund Fight

    The Second Circuit Friday appeared skeptical of Aetna's push to force arbitration of an insurance contract dispute with a multiemployer union health benefit fund, with judges pointing to circuit precedent that arguably undermined Aetna's position.

  • November 06, 2026

    11th Circ. Backs Navy Win In Worker's Retaliation Case

    The Eleventh Circuit declined to reinstate a lawsuit brought by a former Navy employee alleging she was terminated for reporting a breach of a settlement agreement, saying the Navy's key decision makers were unaware of her complaints and that she had committed "numerous acts of alleged insubordination" during that time.

  • November 06, 2026

    High Court Will Take Up Case Of Goldman Arbitration Denial

    The U.S. Supreme Court agreed to take up a case involving a Fourth Circuit decision that denied an attempt by Goldman Sachs to arbitrate disputes with two debtors in bankruptcy over alleged violations of the automatic stay.

  • November 06, 2026

    Wood 'Farm' Not Agricultural For Zoning, Mass. Court Says

    A Massachusetts wood processing business that imports the majority of its timber from other sites cannot escape zoning regulations under agricultural or "right to farm" exceptions, the state's intermediate-level appeals court said Friday.

  • November 06, 2026

    Defeated Texas Justice Being Considered For Federal Bench

    With the clock ticking on Republicans' control of the Senate, President Donald Trump is considering putting a Texas Supreme Court justice who just lost reelection on the federal bench.

  • November 06, 2026

    10th Circ. Lifts Block On New NCAA Eligibility Rule

    The Tenth Circuit on Friday reversed a lower court's preliminary decision that would have granted another year of eligibility to thousands of NCAA athletes, finding that the trial judge erred by defining the relevant market for antitrust review as all Division I athletics in the United States.

  • November 05, 2026

    Kartri Infringed Curtain Patents But Not Willfully, Judge Rules

    A New York federal judge on Thursday let stand a ruling that a shower curtain distributor infringed patents for hookless curtains, but determined that the infringement was not willful and cleared the curtains' manufacturer of infringement, more than a year after the Federal Circuit overturned a $4 million judgment against them.

  • November 05, 2026

    Colo. Panel Clarifies Reach Of Noncompete Statute

    Colorado employers may face penalties if they try to enforce a void noncompete agreement entered into before a recent law change on these restrictive covenants, a state appellate court held Thursday in a ruling of first impression.

  • November 05, 2026

    Tesla Wins New Trial Bid After $42.5M Crash Verdict

    The Indiana Supreme Court has ordered a new trial on whether Tesla can be held vicariously liable for a motorcycle crash caused by an employee driving a company truck, finding a jury should determine whether the worker was acting in the scope of his employment when he struck the motorcyclist.

  • November 05, 2026

    5th Circ. Pushes Texas To Explain ESG Energy Boycott Law

    A Fifth Circuit panel pushed the state of Texas to explain how a law restricting state investments with businesses that want to cut their reliance on fossil fuels passes constitutional muster, saying Thursday there "seems to be an arbitrariness" in the law.

  • November 05, 2026

    Ritz-Carlton Loses Bid To Cut $122M Colo. Tax Assessment

    A Colorado Court of Appeals panel affirmed a $122 million assessment of a Ritz-Carlton timeshare location, finding Thursday that Colorado law doesn't recognize the fractional-ownership model used at the Colorado mountain property.

Expert Analysis

  • Opinion

    Justices' Climate Ruling Should Preserve State Tort Claims

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    As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

  • Open Issues After 2nd Circ.'s Airport Phone Search Ruling

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    While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

  • NFL Coverage Ruling Sets Limits On Long-Tail Claim Defenses

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    A New York appellate court's recent decision — holding that National Football League players who sustained neurological injuries had suffered multiple occurrences for insurance coverage purposes — may also be used to limit insurers' efforts to declaim coverage for other long-tail injury cases, including sexual abuse claims, say attorneys at SDV Fenchurch.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • PFAS Ruling Extinguishes A Policyholder Path To Coverage

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    Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.

  • When Insurer Insolvency Won't Trigger Excess Coverage

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    With its recent decision in A.R. Wilfley v. National Union Fire Insurance, the Colorado Supreme Court joins a growing national consensus enforcing clear and unambiguous anti-drop-down policy language in umbrella and excess policies, says Michael Kotula at Rivkin Radler.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

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    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

  • What $5.7B Apple Verdict Reveals About Patent Risk

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    A California federal jury's recent $5.7 billion damages verdict against Apple exemplifies the enormous financial exposure that can occur when patent-infringing features are incorporated into many units, though the outcome is ultimately dependent on the strength of the underlying infringement, validity and damages theories, says Michael Dorfman at Barclay Damon.

  • 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.

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