Appellate

  • August 12, 2026

    Wheelchair Isn't A 'Vehicle' For DUI Test Consent In PA

    A Pennsylvania appeals court on Wednesday rolled out its finding that a man's wheelchair does not constitute a vehicle and that his use of the device to leave the scene of a car crash did not imply consent for a blood test as part of a DUI investigation.

  • August 12, 2026

    10th Circ. Says NAR Antitrust Suit Came Too Late

    A Tenth Circuit panel found Tuesday that antitrust allegations against listing rules created by the National Association of Realtors are time-barred because the four-year statute of limitations applies to the Utah-based real estate firm's claims.

  • August 12, 2026

    Trump Tells 11th Circ. Sanctions In IRS Case Must Be Paused

    President Donald Trump urged the Eleventh Circuit on Wednesday to halt sanctions imposed by a lower court over an immunity deal that would have given him broad protections from federal tax audits and investigations, arguing he and the government have distinct interests.

  • August 12, 2026

    Squires Tells Fed. Circ. PTAB Made Error In Corteva Decision

    U.S. Patent and Trademark Office Director John Squires has asked the Federal Circuit to intervene in Inari Agriculture's appeal of a Patent Trial and Appeal Board decision upholding a Corteva patent on insect-repellent corn, saying part of the board's decision was wrong.

  • August 12, 2026

    Guo Daughter Asks Justices To Hear $60M Yacht, Escrow Row

    Exiled Chinese businessman Miles Guo's daughter has asked the U.S. Supreme Court to review decisions transferring a yacht that sold for $23 million plus a $37 million escrow fund to her father's Connecticut Chapter 11 estate, saying a Second Circuit ruling conflicts with decisions in several other circuits.

  • August 12, 2026

    Conn. Justices OK Tax Penalty For Failure To File Form

    A Connecticut town didn't err when it assessed a tax penalty on a property owner that failed to file an income report requested by the town's assessor, even though the assessor had sent the form to an old address, the state Supreme Court affirmed Wednesday.

  • August 12, 2026

    11th Circ. Reopens ADA Suit Against Florida Fire Department

    An Eleventh Circuit panel has revived a former Florida fire department employee's Americans with Disabilities Act lawsuit against his ex-employer, saying a reasonable jury could find that the department caused the former medical chief's termination by failing to accommodate his disabilities.

  • August 12, 2026

    6th Circ. Rejects Prison Worker's Excessive Force Claim

    The Sixth Circuit has rejected a Michigan prison employee's excessive force claim stemming from injuries she suffered during a hostage training exercise, ruling that she was not "seized" under the Fourth Amendment because the officers were practicing a rescue rather than carrying out an actual law enforcement operation. 

  • August 12, 2026

    Full 5th Circ. Invalidates Part Of No Surprises Act Rules

    The full Fifth Circuit partially unraveled federal regulations that implemented an arbitration system between insurers and out-of-network providers that Congress established in a 2020 law called the No Surprises Act, holding aspects of how the rules calculated payment amounts for disputed claims were unlawful.

  • August 12, 2026

    Phone Data OK Despite Warrant Delays, Mass. Justices Say

    Four months was not an unreasonable delay between police taking a suspect's cellphone and obtaining a warrant to search its contents, Massachusetts' highest court ruled Wednesday, reversing suppression of phone evidence in two unrelated cases. 

  • August 12, 2026

    Trump Repeats Call To Remove Stay On Mail-In Ballot Order

    The Trump administration prodded the U.S. Supreme Court on Wednesday to "promptly" lift a Massachusetts judge's order prohibiting the enforcement of new restrictions on mail-in ballots in 23 states and the District of Columbia in this year's midterm elections. 

  • August 12, 2026

    3rd Circ. Revives Inmate's Claim Officials Blocked Grievance

    The Third Circuit ruled Wednesday that an incarcerated man in Pennsylvania must be given a second shot at bringing claims that a prison administrator violated his constitutional rights by calling him a "snitch" for filing previous federal lawsuits against the prison.

  • August 12, 2026

    Zillow Investors Urge Justices To Reject Post-Goldman Case

    Zillow investors have asked the U.S. Supreme Court not to hear a lawsuit over the company's shuttered homebuying business, arguing that the justices should reject Zillow's request to apply a "new, stricter rule" for certifying shareholder class actions.

  • August 12, 2026

    Kalshi Uses CFTC Order To Build Case For NY Shield

    Kalshi intensified its push for the Second Circuit to shield it from a New York state lawsuit targeting its sports event contracts Wednesday, arguing a new U.S. Commodity Futures Trading Commission directive demonstrates the company's need for protection.

  • August 12, 2026

    White House Drops Appeal Over Fast-Track Immigration Rule

    The Trump administration is dropping its D.C. Circuit appeal of a lower court's order blocking sweeping Executive Office for Immigrant Review rule changes that would have fast-tracked the review of deportation orders nationwide.

  • August 12, 2026

    Mich. Panel Backs TV Station In Reporter's Sex Bias Suit

    A former WXYZ reporter lost her sex discrimination suit when a Michigan state appeals court ruled the Detroit station had legitimate reasons for paying a male reporter more and that comments about her "distracting" forehead were not direct evidence of sex bias. 

  • August 12, 2026

    9th Circ. Says Aetna Must Face Benefit Misrepresentation Suit

    The Ninth Circuit revived allegations that Aetna misrepresented how much it would pay toward a patient's $150,000 surgery, finding that federal benefits law didn't preempt a claim brought under state law because the dispute centered on the payment commitments rather than the health plan itself.

  • August 12, 2026

    Justices To Hear Ex-Fulton County DA Aide's Bias Case

    The U.S. Supreme Court has scheduled oral arguments for a former Fulton County District Attorney's Office aide's appeal seeking to revive her pregnancy discrimination claim against her employer.

  • August 12, 2026

    NJ Panel Says Parents Failed To Give Notice In Death Suit

    A New Jersey appellate panel on Wednesday affirmed the dismissal of a suit by two parents alleging that a doctor's negligence caused the death of their infant daughter shortly after birth, finding they did not provide a notice of claim once they became aware the doctor was a public employee.

  • August 12, 2026

    4th Circ. Allows Review Of Immigrant's Untimely Petition

    The Fourth Circuit on Tuesday vacated a Board of Immigration Appeals ruling denying a Salvadoran man's bids to avoid removal back to El Salvador after fleeing from MS-13, using its equitable relief powers to toll a statutory 30-day petition filing deadline.

  • August 12, 2026

    Mich. Panel Keeps Judicial Hopeful Off Hamtramck Ballot

    A disqualified Michigan judicial candidate lost his reinstatement bid after an appellate court panel upheld a state Court of Claims decision saying he is ineligible to run because he failed to satisfy a requirement that he live in the city for a minimum of 30 days prior to the filing deadline.

  • August 12, 2026

    Ill. Panel Keeps Toxic Tort Jurisdiction Law Intact

    An Illinois appellate panel on Tuesday refused to revive a Republican-led challenge to a sweeping state law expanding the state's jurisdictional reach in toxic tort cases, saying it was barred from reviewing the Legislature's compliance with its own internal procedures but renewing concerns about being required to "turn a blind eye" to lawmakers' potential constitutional violations.

  • August 12, 2026

    1st Circ. Says NH Witness Retaliation Is No Basis For Removal

    A conviction for witness retaliation did not make a Liberian citizen living in New Hampshire removable from the U.S., a First Circuit panel ruled, overturning a Board of Immigration Appeals decision to the contrary.

  • August 12, 2026

    Army Corps OKs Enbridge Tunnel Amid Line 5 Permit Fight

    The U.S. Army Corps of Engineers issued a permit Wednesday allowing Enbridge Energy LP to tunnel beneath four miles of the Straits of Mackinac for its Line 5 oil pipeline, and environmental and tribal groups fighting the project say a recent Michigan Supreme Court decision bars the construction.

  • August 12, 2026

    1st Circ. Backs Insurer In Pregnancy Bias Judgment Coverage

    An insurer does not have to pay a tech company's $300,000 judgment in an employment action alleging a worker experienced discrimination and retaliation during her pregnancy, the First Circuit said Tuesday, ruling the company first received notice of the claim before the policy period.

Expert Analysis

  • State Of Insurance: Q2 Notes From Illinois

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    The second quarter of 2026 featured a trio of auto insurance opinions from Illinois' appellate courts, addressing a notice requirement, narrowing insurers' exposure for delayed payment of underinsured motorist claims, and creating a district split on coverage for employee-drivers under employers' policies, says Matthew Fortin at BatesCarey.

  • Why Courts Are Pushing Back On Greenwashing Laws

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    Recent Fourth Circuit and California federal court decisions blocking state greenwashing statutes on First Amendment grounds reveal a tension at the heart of environmental marketing regulation — while states want clarity, courts aren't prepared to let legislatures flatly ban categories of truthful commercial speech, say attorneys at DLA Piper.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Monsanto Ruling Bolsters Generic Drug Labeling Preemption

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    The U.S. Supreme Court's recent decision in Monsanto Co. v. Durnell concerns herbicide labeling regulated by the Federal Insecticide, Fungicide, and Rodenticide Act, but also carries weighty implications for preemption of state law labeling claims against drug manufacturers, say Terry Henry and Ann Querns at Blank Rome and Melanie Leney at Aurobindo Pharma.

  • Justices' Tax Sale Ruling Tees Up Auction Fairness Battles

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    The U.S. Supreme Court’s recent decision in Pung v. Isabella County, Michigan, that taxpayers are not entitled to fair market value of real property seized to satisfy a tax debt shifts attention to the fairness of state and local auction procedures, and whether taxpayers claiming surplus proceeds face unwarranted hurdles, say attorneys at Miller Canfield.

  • Why The 2nd Circ. Upheld Beneficial Ownership Blockers

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    The Second Circuit recently held that a properly drafted contractual blocker — which caps an investor's beneficial ownership below 10% and automatically voids any transaction that would breach the cap — shields the investor from Section 16(b) liability, demonstrating that blockers have teeth, say attorneys at Sheppard.

  • Patent Eligibility Reforms Keep Chasing The Wrong Fixes

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    Repeated efforts to create a consistent, predictable patent eligibility standard under Section 101 have centered on replacing judge-made exceptions with new statutory language, but the better fix is to align examination standards with how courts actually apply eligibility doctrine, says former Patent Trial and Appeal Board judge Amee Shah.

  • Opinion

    Qualified Immunity Bill's Reach Goes Beyond Federal Officers

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    The federal Qualified Immunity Abolition Act, introduced earlier this year and described by the bill sponsors as a federal-officer measure, would in actuality reach the entire universe of Section 1983 defendants, a distinction that matters as much to defense counsel as to plaintiffs, says attorney V. James DeSimone.

  • Where The Justices Aligned In Appellate Authority Ruling

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    The real story of the U.S. Supreme Court’s recent ruling in T.M. v. University of Maryland Medical System Corp., finding that a doctrine designed to curtail duplicative litigation prevents federal district courts from reviewing state court decisions, is in how the justices together revisited an obscure, century-old jurisdictional doctrine, says Alex Dimitrief at Zeughauser Group.

  • How High Court Pepsi Case Could Brew TM Strategy Shift

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    The U.S. Supreme Court's forthcoming decision in RiseandShine v. PepsiCo will determine whether a judge or jury decides trademark strength in infringement disputes, which could meaningfully change early-stage motion practice, discovery and what evidence is needed to prove a mark is strong, says Rachel Scobie at Merchant & Gould.

  • State Of Insurance: Q2 Notes From Pennsylvania

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    Todd Leon at Marshall Dennehey highlights notable second-quarter insurance developments in Pennsylvania, including federal court opinions providing guidance on first-party and third-party insurance coverage principles, and a pending bill seeking to regulate health insurers' use of artificial intelligence.

  • High Court, SEC Proposals Set Stage For Further Fund Reform

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    The U.S. Supreme Court's recent decision in FS Credit Opportunities v. Saba Capital Master Fund and the U.S. Securities and Exchange Commission's proposed rulemaking packages aimed at public market reforms provide a constructive backdrop for considering additional innovations to the listed fund structure, say attorneys at Debevoise.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

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