Appellate

  • October 29, 2026

    NJ Panel Says State Shields Military Leave Past Federal Cap

    A New Jersey state appeals court on Thursday upheld a decision giving an Atlantic City police officer his job back after the city fired him for staying on military leave for more than five years, saying a federal five-year limit is a minimum, not a maximum.

  • October 29, 2026

    Schools Can Appeal Forum Ruling In 'Early Decision' Case

    A group of 21 elite universities, including Columbia, Duke and Penn, won permission to appeal a ruling that a Massachusetts federal court has personal jurisdiction over them in a lawsuit claiming they conspired to use the "early decision" admissions process to raise tuition.

  • October 29, 2026

    Fed. Circ. Upholds Decision Wiping Out Cybersecurity Patent

    The Federal Circuit on Thursday affirmed a Patent Trial and Appeal Board decision holding that a patent covering methods of monitoring a system for cyberattack detection was invalid as obvious.

  • October 29, 2026

    9th Circ. Probes Warehouse Workers' Arbitration Exemption

    A Ninth Circuit panel on Thursday appeared somewhat skeptical of an argument that a transportation worker exemption to federal arbitration requirements doesn't apply to a proposed class of warehouse workers, after the appellate court found warehouse workers fit the carveout in a separate case.

  • October 29, 2026

    Tax Consultancy Asks 5th Circ. To Kill Microcaptive Rule

    The IRS never published data showing that microcaptive transactions pose a potential for tax avoidance to justify a rule making companies and advisers report them as "transactions of interest," a tax consultancy seeking the rule's demise told the Fifth Circuit.

  • October 29, 2026

    Telecom Shareholders Claim Arbitrator Was Biased

    Majority shareholders of a Central and South American telecommunications tower business fighting a $300 million arbitration award they were ordered to pay to the minority shareholders of that business have told the Second Circuit that the arbitrator was biased against them.

  • October 29, 2026

    NJ Justices Uphold Atty's Privacy Expectation In Email Advice

    The New Jersey Supreme Court ruled Thursday in a split decision that the name of the attorney who emailed legal advice to a municipal prosecutor in a traffic dispute should not be disclosed under the state's public records law, finding the sender's reasonable expectation of privacy outweighs any interest in disclosure.

  • October 29, 2026

    Penn National Tells 4th Circ. Insurer Dodged Injury Defense

    A Fourth Circuit appellate panel on Thursday questioned what insurance company Penn National could possibly recover from another insurer that the former says shirked its defense responsibilities in a personal injury suit from VRBO renters, noting the other insurer had paid its policy limit in settling the underlying case.

  • October 29, 2026

    Fla. High Court Finds No Atty Misconduct Over PACER Snafu

    The Florida Supreme Court on Thursday entered a judgment in favor of an attorney accused of knowingly making false statements when explaining why he missed a client's hearing, finding that he may have been "sincerely confused" over why he wasn't notified through the federal PACER filing system.

  • October 29, 2026

    1st Circ. Seeks Mass. Justices' Input On USAA Rate Row

    The First Circuit asked Massachusetts' highest court to weigh in on a suit by service members alleging USAA improperly considered their military pay grade when issuing auto insurance policies, finding the dispute implicates questions of state law.

  • October 29, 2026

    Gov't Urges 11th Circ. To Lift Sanctions Over Trump-IRS Deal

    A federal judge's order barring President Donald Trump, the IRS and the U.S. Treasury Department from citing the agreement made to settle his $10 billion suit against the tax agency is unsupportable and should be reversed, the government told the Eleventh Circuit.

  • October 29, 2026

    Mass. Panel Won't Undo OUI Plea Over Now-Void Breath Test

    A Massachusetts man cannot take back his 2015 admission to operating under the influence based on later revelations of state crime lab misconduct concerning the calibration of breath-test devices, given the other "overwhelming" evidence of drunken driving, an intermediate state appellate court said Thursday.

  • October 29, 2026

    NLRB Urges 7th Circ. To Ponder Injunction Harm Burden

    The National Labor Relations Board urged the full Seventh Circuit to rethink a ruling that raised the bar for the agency to win injunctions, saying the panel's merits conclusions and its take on what constitutes irreparable harm to workers' labor rights conflict with U.S. Supreme Court precedent.

  • October 29, 2026

    Split 4th Circ. Stays Man's Removal Over Competency Issue

    The Fourth Circuit has extended a stay preventing the removal of a self-represented noncitizen detainee who said his "mental condition" prevented him from fully arguing his case to an immigration judge, finding that the full administrative record is needed.

  • October 29, 2026

    Pa. Court OKs Unemployment Comp Despite Off-Duty Lie

    A Pennsylvania nurse didn't commit "willful misconduct" by refusing to answer questions about a coworker visiting her while he was on duty and she was off duty, so the nurse remained eligible to collect unemployment benefits after she was fired, a state appellate court ruled Wednesday.

  • October 29, 2026

    Trump Admin Appeals Block Of DC Golf Course Work

    The Trump administration is appealing a D.C. federal judge's order that stopped further tree removals at East Potomac Golf Course and required advance notice before irreparable changes are made to the facility.

  • October 29, 2026

    5th Circ. Will Review Texas Content-Filtering Law Ruling

    The Fifth Circuit has granted Texas' request for an en banc rehearing of a July panel opinion that partly upheld a block on the state's new law requiring companies to filter content for underage users.

  • October 28, 2026

    Democracy 'At Stake': Feds Can't Set Aside 20K Calif. Ballots

    A California federal judge on Wednesday rejected the Trump administration's request to require the state to set aside mail-in ballots for some 20,000 voters the federal government contends are "likely" noncitizens, saying it would "wreak havoc" on the midterm elections that are already underway.

  • October 28, 2026

    RNC Files New Suit Over FCC's Campaign Ad Rates

    The Republican National Committee, Republican Party of Texas and several Republican candidates Wednesday filed a fresh suit over the Federal Communications Commission's longtime requirement that broadcasters charge the lowest political ad rates for committees tied to candidates, calling it "a drag on First Amendment freedoms."

  • October 28, 2026

    Landlord's Suit Over Seattle Tenant Laws Revived On Appeal

    A Washington Court of Appeals panel has reinstated a real estate company's challenge to a string of Seattle landlord-tenant laws, finding the firm has adequately detailed how the contested ordinances stunted its property rights as the owner of a downtown affordable housing development.

  • October 28, 2026

    Ga. University System On Hook For $3M In Child Death Suit

    The Georgia Court of Appeals on Wednesday ruled that the parents of a child who allegedly died due to negligent cancer treatment at a state-owned hospital are owed $3 million rather than $2 million under a Georgia law that caps damages for public entities.

  • October 28, 2026

    Abbott Scores Freeze On State Rep's Access To Musk Emails

    A Texas appellate court froze a lower court's order giving state Rep. Gina Hinojosa access to unredacted correspondence between Gov. Greg Abbott's office and the sometime trillionaire Elon Musk.

  • October 28, 2026

    Patients Tell Colo. Justices Hospital Defied Gender Care Order

    Transgender youth patients of Children's Hospital Colorado are challenging a judge's discharge of their contempt citation against the hospital for not resuming the provision of medical gender-affirming care to them, urging Colorado's justices to decide whether the hospital complied with an injunction prohibiting it from refusing to provide the care.

  • October 28, 2026

    Shipbuilder Must Face Bridge Wreck Suit In US, 3rd Circ. Told

    The Dali cargo ship's owner and manager told the Third Circuit on Wednesday that a Pennsylvania federal judge improperly tossed their lawsuit alleging South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. designed and built a "fatally flawed" ship that subsequently slammed into Baltimore's Francis Scott Key Bridge.

  • October 28, 2026

    'Lessons Learned': 9th Circ. Judge Doubts Uber Clawback Bid

    A Ninth Circuit judge doubted Uber's request Wednesday to claw back 42 documents inadvertently produced in sexual assault multidistrict litigation during its attorney-client privilege rereview, telling counsel, "At a certain point, we have to say stop, put your pencils down," and asking why this shouldn't be "an example of lessons learned."

Expert Analysis

  • 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.

  • Calif. Decision Shows Limits Of Self-Serving Testimony

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    A California appellate court's recent opinion in a dispute between two home renovation partners is a reminder that where there are admissions or undisputed documentary evidence, litigants need more than self-serving testimony to overcome summary judgment, says Tyler Palmer at Tucker Ellis.

  • Where The 3 Prediction Market Appellate Rulings Diverge

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    Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.

  • Health Plan Takeaways After 2nd Circ. No Surprises Act Ruling

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    While the Second Circuit's recent ruling in East Coast Advanced Plastic Surgery v. Cigna gives health plans breathing room in finding that healthcare providers cannot enforce out-of-network billing dispute resolution awards in court, sponsors should not assume that declining to pay awards will go unaddressed by regulators, say attorneys at Thompson Hine.

  • 8th Circ. Ruling Limits Receiver Insurance Recovery Rights

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    The Eighth Circuit's recent ruling in King v. Texas Insurance illustrates a practical limit on receivership powers: A receiver may marshal insurance proceeds belonging to the estate but cannot expand the insured's contractual rights or make policy proceeds collectible unless the coverage triggers are satisfied, say attorneys at Kutak Rock.

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

  • Perspectives

    Illinois Should Vacate Convictions Tainted By Racist Counsel

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    After the Illinois Supreme Court’s recent suspension of a public defender’s law license over racist online threats, prosecutors should move to vacate the convictions of every Black client he represented, as an attorney’s racial animus is a serious conflict of interest akin to structural error, says Adam Murphy at Fordham Law.

  • W.Va. Case Could Be An Existential Threat To Citizen Suits

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    Environmental citizen suits supplement enforcement by federal agencies that can't be in all places at all times — but litigants in a West Virginia federal court are arguing that such suits are unconstitutional, and those arguments could gain ground in the current legal landscape, says David Romine at Langsam Stevens.

  • Why And How To Build A Neurodiversity-Informed Practice

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    By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q3

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    Recent banking developments in Illinois include significant new consumer protection legislation, three meaningful Seventh Circuit decisions, and a high-profile constitutional challenge to the state's new digital asset tax, say attorneys at Barnes & Thornburg.

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