Appellate

  • September 21, 2026

    2nd Circ. Skeptical Of Fired United Worker's Grievance Claim

    The Second Circuit gave a cool reception Monday to a former United Airlines employee's attempt to force arbitration of a grievance over his firing after a Teamsters local declined to pursue it, with judges suggesting it was the union's right to advance the claim as it saw appropriate.

  • September 21, 2026

    3rd Circ. Upholds 'Pattern' Penalty For Child Rapist

    The Third Circuit ruled Monday that a Pennsylvania man who kidnapped and sexually abused a child multiple times qualifies for a pattern crimes enhancement, ruling that although the crimes occurred over a matter of hours, they qualified as separate events.

  • September 21, 2026

    4th Circ. Won't Rethink Cutting $22M Wells Fargo Judgment

    The Fourth Circuit declined Monday to reconsider its decision cutting nearly $2.9 million from a former Wells Fargo employee's $22 million jury award and overturning portions of the verdict in his disability discrimination suit against the financial giant.

  • September 21, 2026

    FERC Wrongly Segmented Pipeline's Water Eval, DC Circ. Told

    Environmental groups have told the D.C. Circuit that the Federal Energy Regulatory Commission botched its analysis of the effects of a Williams Cos. unit's pipeline expansion project on streams and other aquatic resources in Virginia and North Carolina.

  • September 21, 2026

    Ill. Panel Says News Report Bars Law Firm's FCA Suit

    An Illinois appellate court on Friday upheld the dismissal of a whistleblower lawsuit brought by Forde & O'Meara LLP accusing a company of secretly assigning its interests in unpaid state bills to unapproved entities to duck taxes, agreeing that a prior public disclosure of the alleged scheme in a news report bars the firm's claims.

  • September 21, 2026

    Colo. Justices Uphold Ski Waiver Ruling Against Snowboarder

    A snowboarder released his claims against a ski resort and employee when he signed an online liability waiver to buy a season pass while his injury suit was still active, the Colorado Supreme Court ruled Monday, handing down a decision in a closely watched case for the state's ski industry.

  • September 21, 2026

    Mass. Court Affirms Toss Of Gun Evidence In 22-Judge Ruling

    An evenly split Massachusetts Appeals Court on Monday let stand a judge's suppression of a gun found by Boston police officers during an inventory search prior to a vehicle being towed, in a rare ruling involving all but three of the intermediate appellate court's 25 judges.

  • September 21, 2026

    Ill. Court Won't Undo $41M Stroke Malpractice Verdict

    An Illinois appeals panel won't upend a $41 million verdict against OSF Healthcare System in a suit over a man's debilitating stroke, saying Illinois law tolls the statute of limitations based on the plaintiff's disability, regardless of if his wife or attorneys could have filed suit.

  • September 21, 2026

    Fed. Circ. Says Profit Measurement Patents Ineligible

    The Federal Circuit on Monday said claims in a trio of patents relating to management profit measures were not patent-eligible, handing a win to software company Teradata Operations Inc. and industrial supply business W. W. Grainger Inc. in a suit accusing them of infringement.

  • September 21, 2026

    Ohio Justices Nix Data Center Voter Poll Over Citizen Suits

    The Ohio Supreme Court has rejected a proposed ballot question that would change the zoning code in Wilmington, Ohio, and expand residents' lawsuit powers to enforce standards for data center developments, in a decision following a proposed $4 billion Amazon Web Services project in the area.

  • September 21, 2026

    Varian, Gov't Appeal Foreign Dividend Decision To 9th Circ.

    Varian Medical Systems Inc. is appealing a U.S. Tax Court decision that it owes more than $7.2 million to the Internal Revenue Service as a result of the court limiting its deemed dividends deduction, while the government is also appealing, according to filings in the Ninth Circuit.

  • September 21, 2026

    FedEx Seeks High Court Review Of 6th Circ. Pension Ruling

    FedEx has asked the U.S. Supreme Court to review the Sixth Circuit's decision to revive two proposed class actions alleging Kellogg's and FedEx's outdated actuarial assumptions shortchanged joint-and-survivor benefits for retirees, claiming the circuit court's "erroneous" interpretation of federal benefits law warrants high court review.

  • September 21, 2026

    2nd Circ. Seems Hesitant To Kick PwC Bias Suit To Arbitration

    The Second Circuit appeared skeptical Monday of PricewaterhouseCoopers LLP's push to compel arbitration of a former worker's suit alleging discriminatory harassment, with one judge saying the company is advocating for an "extraordinary understanding" of a 2022 law barring mandatory arbitration of sexual harassment claims.

  • September 21, 2026

    Minn. Tax Court Correct On Childcare Break, Justices Told

    A Minnesota childcare center was entitled to judicial review of the denial of a property tax exemption despite failing to meet an initial deadline, it told the state Supreme Court, urging the court to uphold a state tax court decision that allowed the break.

  • September 21, 2026

    IRS Asks 5th Circ. To Pause Microcaptive Rules Case

    The IRS asked the Fifth Circuit to stay briefing in a global tax services provider's bid to revive its challenge to the agency's reporting rules for microcaptive insurance companies pending the resolution of a related case before the appeals court.

  • September 21, 2026

    2nd Circ. Gives Ex-LVMH Atty A New Shot At Retaliation Case

    The Second Circuit on Monday reinstated retaliation claims brought by a former LVMH attorney who alleged that the French luxury brand fired her for reporting sexual misconduct, concluding that her refusal to engage in settlement discussions could constitute legally protected activity.

  • September 21, 2026

    Immigration Board Suspends Atty Who Didn't Answer Notice

    A federal immigration appeals board suspended a Colorado-based attorney from practicing before it for one year after she did not respond to a discipline request filed after she was suspended from practicing in Washington state.

  • September 18, 2026

    Ex-DOJ Chief Lambastes 'Abuses Of Power' In Goldstein Case

    The U.S. Department of Justice constantly made false statements in its criminal case against famed appellate advocate Tom Goldstein, and his convictions must be erased because "prosecutorial misconduct pervaded every stage of the proceedings," a former DOJ prosecutor told the Fourth Circuit.

  • September 18, 2026

    Split 7th Circ. Rejects NLRB's Bid To Reinstate Union

    A split Seventh Circuit panel on Friday upheld a decision denying the National Labor Relations Board's bid to reinstate a truck-seller's union, with the majority finding that the union hasn't shown irreparable harm justifying such "extraordinary relief," while a dissenting judge criticized the majority for making harm nearly impossible to show.

  • September 18, 2026

    2nd Circ. Says No Surprises Act Limits Private Right Of Action

    The Second Circuit on Thursday held that the No Surprises Act does not provide a private right of action for enforcing out-of-network billing dispute resolution awards, finding that Congress intended for such awards to be enforced via administrative action, not private litigation.

  • September 18, 2026

    3rd Circ. Says SBA Can Deny Excess PPP Loan Forgiveness

    A New Jersey car dealership that exceeded the federal limit on Paycheck Protection Program loans early in the COVID-19 pandemic is not entitled to partial loan forgiveness, the Third Circuit ruled Friday, holding that the Small Business Administration acted within its authority when it denied the company's relief bid.

  • September 18, 2026

    Colo. Judge Mulls Sanction For Hospital In Gender Care Suit

    Transgender adolescent patients of Children's Hospital Colorado told a state judge the court must sanction the hospital for refusing to resume providing gender-affirming medical care for transgender youth patients, saying Friday that "nothing has changed" since the patients filed their January lawsuit.

  • September 18, 2026

    1st Circ. Backs Notice Requirement For 3rd-Country Removals

    The First Circuit on Friday largely rejected the Trump administration's challenge to limits on its so-called third country removal policy, leaving in place a lower court's order requiring deportees to be given advance notice and a meaningful opportunity to challenge a destination where they may face persecution or torture.

  • September 18, 2026

    Texas Court Tosses Rape Convictions Over Withheld Evidence

    The highest criminal court in Texas has issued a divided ruling vacating the rape convictions of three men, finding the men are entitled to retrial after prosecutors allowed false testimony from the accuser, the primary witness against them, to be presented at trial.

  • September 18, 2026

    Lenovo Drops Laptop IP Suit Against Asus After ITC Loss

    Lenovo has voluntarily dismissed its patent infringement suit against Asus, more than a year after the U.S. International Trade Commission held that ASUS' Zenbook laptop imports don't infringe many of the same patents.

Expert Analysis

  • 10th Circ. Ruling Propels Emerging 'Occurrence' Consensus

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    The Tenth Circuit recently revived the Church of Jesus Christ of Latter-day Saints' bid for insurance coverage in a sexual abuse case, continuing a trend as the second circuit court to find that, where ambiguous, the definition of "occurrence" must be interpreted in favor of coverage, say attorneys at Anderson Kill.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • 11th Circ. FCA Qui Tam Revival Queues Up Next Challenges

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    Though the Eleventh Circuit on Sept. 1 upheld the constitutionality of the False Claims Act's qui tam provision, it will probably face continued litigation since the appellate court declined to rule on other constitutional challenges and the decision will likely be petitioned to the U.S. Supreme Court, say attorneys at Sheppard.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Rejection Of NLRB Successor Bar Renews An Employer Tool

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    Although the D.C. Circuit's recent ruling in Hospital Menonita v. National Labor Relations Board does not allow purchasers to disregard incumbent unions, employers acquiring a unionized business have regained a tool to challenge a union's majority support, say attorneys at Bass Berry.

  • NY Ethics Opinion Warns Attys On Qui Tam Deception

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    A recent New York State Bar Association ethics opinion cautions that counsel representing whistleblowers may not induce, supervise or facilitate a client's deceptive prefiling investigations, creating a potential vulnerability for qui tam complaints built on questionable evidence-gathering methods, say attorneys at Sidley.

  • Pa. Anti-SLAPP Ruling Shows Risks Of Atty Defamation Suits

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    A Pennsylvania federal court’s recent Lento Law Group v. Estrada ruling addressed an unsettled question about mandatory fee-shifting provisions in the state’s anti-SLAPP law — and illustrates why attorneys should think twice before suing former clients over negative online reviews, say attorneys at Pietragallo Gordon.

  • 9th Circ. 'Bad Spaniels' Ruling Rewrites TM Dilution Playbook

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    The Ninth Circuit’s recent ruling that each element of the Jack Daniel's packaging parodied by the Bad Spaniels dog toy must be independently assessed for fame narrows trademark owners' ability to use a flagship mark's halo effect to protect the entire brand from tarnishment, say attorneys at Reed Smith.

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • What 9th Circ. Devas Ruling Means For AI Infrastructure Deals

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    The Ninth Circuit's recent confirmation of a $2 billion arbitration award in Devas Multimedia's arbitration against a state-owned commercial arm of India’s space agency creates a cross-border enforcement road map for disputes that are bound to arise from the current generation of artificial intelligence infrastructure deals, says Fernanda Merouco at Davis Wright.

  • 9th Circ. Wage Ruling Shows Arbitration Pacts Are Still Useful

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    After years of uncertainty for California employers, the Ninth Circuit’s recent Cocom v. ABM Aviation decision signals that workplace arbitration agreements remain a powerful and enforceable tool — if thoughtfully drafted and employment-focused, says Benjamin Runge at Thompson Coburn.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven recent rulings from cases involving Class Action Fairness Act jurisdiction, appellate jurisdiction, attorney fees and employment rights.

  • 3rd Circ. Hotel Ruling Flags Key Issues In Dynamic Pricing

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    The Third Circuit's recent decision in Cornish-Adebiyi v. Caesars Entertainment relies on allegations that competitors used nonpublic data to set real-time rates considered exorbitant, highlighting both the potential risks and substantial benefits of utilizing emerging technologies, say attorneys at Baker McKenzie.

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