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

  • Opinion

    Colo. Climate Suit Defies Limits Of State Power

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    In Suncor Energy v. Boulder County, the U.S. Supreme Court must not allow a single Colorado county to penalize pollution occurring across the country and around the globe, because the U.S. Constitution forbids states from exercising power beyond their borders, says Michael McGinley at Dechert.

  • What's Next For Prediction Markets If States Win At High Court

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    While the Supreme Court hasn't taken up a prediction market case yet, a high court win for the states in their quest to regulate the exchanges would likely mean a wave of state legislature bills and regulatory guidance arriving on different timelines, rather than a single uniform transition, says Howard Herndon at Bradley Arant.

  • 3rd Circ. Ruling Shows ADA Limits Amid Worker Misconduct

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    In Hileman v. West Penn Allegheny Health System, the Third Circuit recently rejected a wrongful termination claim under the Americans with Disabilities Act, illustrating that disability and leave laws don't automatically insulate employees from the consequences of prior workplace misconduct, say attorneys at Bond Schoeneck.

  • AI Meeting Recaps Pose New Discovery And Privilege Risks

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    The New York City Bar Association’s recent ethics opinion, cautioning attorneys not to record nonclient conversations with artificial intelligence tools, reflects an emerging view that AI meeting recaps are now a distinct business record category, meaning counsel should set meeting-level controls and apply framework-level updates, says William Wright at Faegre Drinker.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six recent rulings involving pecuniary loss in false price comparison advertising, privity in an insurance fee class, antitrust standing, immigration class representatives, retirement beneficiary class commonality, and Rule 23(f) appeals in Fair Labor Standards Act claims.

  • Florida Condo Ruling Offers Tips For Contractor Lien Disputes

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    A recent Florida appellate decision, holding condo owners may challenge liens placed on their units, despite not being party to the underlying disputed agreement their association struck with contractors, offers lessons on lien enforcement to both contractors and condo owners, say attorneys at Adams & Reese.

  • BIA Ruling Could Make Immigration Bond A Catch-22

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    A recent Board of Immigration Appeals decision refining the way immigration judges assess flight risk, when read broadly, could create a circular rule under which a noncitizen can be treated as a flight risk because they have too few ties to the U.S., but also because they have too many, says Georgianna Pisano Goetz at the National Immigrant Justice Center.

  • 8th Circ. Ruling Raises Bar For Seeking Disability Benefits

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    The Eighth Circuit's recent ruling in Post v. Bisignano signals that claimants seeking Social Security disability benefits may need to offer convincing proof of functional restrictions beyond their treating doctors' opinions and illustrates that the court's proclaimant jurisprudence no longer prevails, says Mark DeBofsky at DeBofsky Law.

  • Series

    Playing Bid Whist Makes Me A Better Lawyer

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    As a child, I viewed bid whist as a family tradition and a source of friendly card game competition, but as a lawyer, I see it as a tool that has helped me cultivate skills like communication, teamwork, risk assessment and composure, says Keyonn Pope at Riley Safer.

  • Teva, Wyeth Show How Claimed Advances Shape Enablement

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    Two recent Federal Circuit decisions involving method-of-treatment claims — Teva v. Eli Lilly and Wyeth v. AstraZeneca — reached opposite enablement outcomes from strikingly similar procedural postures, but a closer comparison of the cases reveals a three-step framework for understanding the court's reasoning, says Kendall Gurule at Polsinelli.

  • Opinion

    Calif. Bill Goes Too Far In Trying To Regulate Attorney AI Use

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    California’s first-in-the-nation act regulating how attorneys and arbitrators use generative artificial intelligence will likely soon become law, but read broadly, the provisions may dissuade lawyers from employing AI at all, thereby depriving them of key work tools, says Joshua Wurtzel at Schlam Stone.

  • Wis. Coverage Ruling Rejects Strict Ensuing Loss Test

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    In Cincinnati Insurance v. Ropicky, the Wisconsin Supreme Court recently examined the relationship between an insurance policy's construction defect exclusion and ensuing loss exception, providing policyholders support in claiming that an additional cause may produce covered damage despite an excluded condition being part of the loss sequence, says Alexander Hopkins at SDV Fenchurch.

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • 5th Circ. Embedding Decision Could Recast Copyright Claims

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    The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

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