Appellate

  • November 09, 2026

    Justices Pass On Chance To Assess Muldrow's Effect On PIPs

    The U.S. Supreme Court on Monday rejected a former information technology employee's invitation to clarify whether workers' placement on performance improvement plans that don't result in termination or changes in pay and benefits can sustain bias suits under a worker-friendly high court ruling from 2024.

  • November 09, 2026

    Justices Skip Raytheon Workers' Bias Suit Over COVID Rules

    The U.S. Supreme Court declined Monday to take up a religious discrimination case brought by former Raytheon employees over the company's pandemic-era testing and masking requirements.

  • November 06, 2026

    Creek Freedmen Say Chief Can't Defy Citizenship Ruling

    Two descendants of Black people once enslaved by an Indigenous tribe implored an Oklahoma federal court to keep alive their challenge to an effort to deny them citizenship in the Muscogee (Creek) Nation, saying the tribe's principal chief has for more than a year defied a tribal Supreme Court ruling that gave them the right and is wrongly trying to use an immunity claim to avoid a federal treaty that guarantees them citizenship.

  • 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.

Expert Analysis

  • 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.

  • 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.

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