Appellate

  • July 15, 2026

    Harwood Lloyd Must Face DQ Bid Over Hiring Ex-NJ Judge

    A New Jersey state appellate court on Wednesday revived a bid to disqualify Harwood Lloyd LLP from a probate matter based on how a retired judge awarded fees to a firm attorney before joining the firm himself.

  • July 15, 2026

    Biz, Benefits Groups Tell 4th Circ. To Nix 401(k) Forfeiture Suit

    A trio of business and benefits groups asked the Fourth Circuit to uphold the dismissal of a suit claiming Northrop Grumman improperly used forfeited 401(k) cash to fund its plan contributions, stating it would be "exceedingly odd" for the case to proceed against federal regulations allowing the practice.

  • July 15, 2026

    New Jersey Appellate Division To Get New Chief Judge

    New Jersey Appellate Division Judge Heidi Willis Currier will assume leadership of the division effective Sept. 1 upon the retirement of current Chief Judge Thomas Sumners, the judiciary announced Wednesday.

  • July 15, 2026

    New Conn. High Court Rules Put Filers On Hook For AI Errors

    The Connecticut Appellate and Supreme Courts have published new generative artificial intelligence rules which took immediate effect this week, outlining additional paths for sanctions as the justices weigh the fate of a landlord's attorney who admitted his filings contained ChatGPT-induced errors.

  • July 15, 2026

    DC Circ. Affirms Ratings For Alignment Medicare Plans

    The D.C. Circuit sided with the Centers for Medicare & Medicaid Services regarding its decision not to discard certain unfavorable surveys for Alignment Healthcare's Medicare Advantage plans, saying there is no indication of an administrative error.

  • July 15, 2026

    Minn. Tax Court Right On $108M Building Value, Justices Told

    The Minnesota Tax Court operated within its discretion to give 80% weight to Hennepin County's appraisal of a Minneapolis office building and 20% to the owner's, the county told the state Supreme Court, urging it to uphold the property's valuation.

  • July 15, 2026

    Health Co. Nears Deal To End Telemarketing Co. Breach Fight

    A Florida judge agreed Wednesday to hold off on deciding a motion to stay proceedings in a breach of contract action brought by a telemarketing company that federal regulators accuse of selling $91 million in fake Obamacare plans, after the defendants told the court they're close to a settlement.

  • July 15, 2026

    1st Circ. Says Sending GE PCB Suit To State Court Was Error

    A First Circuit panel has reversed an order remanding to state court a woman's suit over General Electric Co.'s alleged improper disposal of polychlorinated biphenyls, or PCBs, saying the trial court wrongly concluded that GE couldn't take advantage of the federal officer removal statute.

  • July 15, 2026

    Wash. Chief Justice Draws 3 Challengers In Bid For 4th Term

    A former public defender, a naval officer-turned-tax attorney and a family law practitioner are each vying this election season to unseat a veteran Washington State Supreme Court justice who's penned some of the high court's most significant opinions of the last two decades.

  • July 14, 2026

    4th Circ. Affirms Tort Atty's $25M Extortion Conviction

    The Fourth Circuit on Tuesday affirmed the conviction of a medical malpractice attorney for attempting to extort the University of Maryland Medical System out of $25 million, despite his argument that his self-representation at trial was not competent.

  • July 14, 2026

    Mich. Panel Reinstates $1.5M Engineering Malpractice Verdict

    A Michigan appeals court on Monday reinstated a $1.5 million professional negligence verdict against an engineering company, ruling that the trial court improperly changed the jury's award to damages for breach of contract.

  • July 14, 2026

    4th Circ. Revives Jamaican's Case Over Rejected Filings

    A Fourth Circuit panel said immigration judges violated a deported Jamaican man's right to due process when they held he missed a window to reopen removal proceedings after an electronic filing system and court clerk both refused to accept his motion.

  • July 14, 2026

    Fed. Circ. Won't Rethink Utah Tribal Shooting Death Decision

    The Federal Circuit will not reconsider its ruling that the government cannot be held liable for a police-involved shooting on reservation lands that ended in the death of a Utah tribe's member.

  • July 14, 2026

    9th Circ. Erases Comet's $40M Trade Secret Verdict

    A split Ninth Circuit panel on Tuesday overturned Comet Technologies USA's $40 million trade secret verdict against XP Power and ordered a new trial, holding in a precedential decision that the jury was wrongly instructed that XP had to prove Comet's claimed secrets could have been lawfully discovered or reverse-engineered.

  • July 14, 2026

    4th Circ. Sends $166M Arbitral Judgment Back To Trial Court

    The Fourth Circuit ruled Tuesday that a trial court must determine if a $166 million arbitral award against convicted insurance mogul Greg Lindberg can stand under North Carolina law, reversing a lower court's confirmation of the award under the Federal Arbitration Act.

  • July 14, 2026

    Centripetal Seeks Squires Reversal Of Cisco Patent Win

    Centripetal Networks has asked U.S. Patent and Trademark Office Director John Squires to undo a Patent Trial and Appeal Board decision invalidating its cybersecurity patent at issue in a since-vacated multibillion-dollar judgment against Cisco Systems, saying the ruling flouted the law.

  • July 14, 2026

    3rd Circ. Revives Providers' Underpayment Suit Against Cigna

    The Third Circuit partially revived several New Jersey-based healthcare practices' Employee Retirement Income Security Act suit alleging Cigna improperly underreimbursed them for covered healthcare services provided to Cigna's subscribers, ruling Monday the plaintiffs sufficiently alleged they were underpaid for some out-of-network services when compared to their normal charges for similar services.

  • July 14, 2026

    NJ Supreme Court To Review Environmental Justice Rules

    The New Jersey Supreme Court on Tuesday granted certification petitions filed by industry and labor groups that have challenged environmental justice rules that Garden State regulators enacted.

  • July 14, 2026

    NJ Justices Reverse Panel, Enforce Bar On Post-Conviction Bid

    The New Jersey Supreme Court on Tuesday reversed an appellate division court decision that allowed a man convicted of sexually assaulting a child to pursue procedurally barred post-conviction claims, calling the appellate court's opinion "confounding" and based on "multiple levels of speculation."

  • July 14, 2026

    Patent Eligibility Bill Divides Senators Over Health Costs

    Several U.S. senators expressed strong support at a hearing Tuesday for a bill aimed at expanding which inventions are eligible for patents, while others appeared to have reservations about the potential effect of the proposed changes on healthcare costs.

  • July 14, 2026

    Prosecutors Urge NC High Court To Uphold Felon Gun Ban

    Groups representing North Carolina's district attorneys and other law enforcement leaders are urging the North Carolina Supreme Court to uphold a state law barring people convicted of felonies from owning firearms, saying the U.S. Supreme Court has repeatedly held that such laws do not violate the Second Amendment.

  • July 14, 2026

    7th Circ. Says TCPA Do-Not-Call Limit Doesn't Cover Texts

    The Telephone Consumer Protection Act's do-not-call restrictions do not apply to text messages, a Seventh Circuit panel declared Tuesday, roughly six weeks after the panel expressed skepticism during oral arguments that "telephone call" could also mean "text message."

  • July 14, 2026

    Alex Jones' Co. Balks At Sandy Hook Victims' Stay Appeal

    Right-wing conspiracy theorist Alex Jones' media company has urged the Texas Supreme Court to reject a bid by victims of the Sandy Hook Elementary School shooting to license his website, Infowars, to The Onion, arguing the request is defective and the satire publication is already damaging the brand.

  • July 14, 2026

    Ex-Commissioner Urges Colo. Panel To Revive Fee Award Bid

    A former Colorado county commissioner urged the state's appellate court Tuesday to overturn a lower court decision rejecting her bid for the board of commissioners to reimburse her attorney fees for defending against a county-led misconduct investigation.

  • July 14, 2026

    8th Circ. Says Judge Must Explain Community Service Term

    A Missouri man who had his sentence commuted as one of the final official acts of President Joe Biden will continue to be incarcerated after the Eighth Circuit on Tuesday refused to overturn a finding that he violated his probation while in a halfway house.

Expert Analysis

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

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