Appellate

  • 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.

  • November 05, 2026

    Tesla Wins New Trial Bid After $42.5M Crash Verdict

    The Indiana Supreme Court has ordered a new trial on whether Tesla can be held vicariously liable for a motorcycle crash caused by an employee driving a company truck, finding a jury should determine whether the worker was acting in the scope of his employment when he struck the motorcyclist.

  • November 05, 2026

    5th Circ. Pushes Texas To Explain ESG Energy Boycott Law

    A Fifth Circuit panel pushed the state of Texas to explain how a law restricting state investments with businesses that want to cut their reliance on fossil fuels passes constitutional muster, saying Thursday there "seems to be an arbitrariness" in the law.

Expert Analysis

  • Criminal Discovery Practice Must Address Usability Problem

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    One of the more consequential practical problems in federal criminal defense is that the ability to deliver digital evidence has outpaced the ability of many defense teams to review it, but there are several potential solutions, says Patrick Garrity at Brad Bailey.

  • How Cos. Can Reassess Ad Tech After Wash. Pixel Use Ruling

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    The Washington Supreme Court's decision in Baker v. Seattle Children's Hospital, holding that the hospital website's use of Meta Pixel didn't violate the state’s privacy act, may provide a powerful defense against privacy claims, but shouldn’t be read as a blanket approval of advertising technologies, say attorneys at Duane Morris.

  • State Of Insurance: Q3 Notes From Illinois

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    In the past quarter, two Seventh Circuit rulings and an Illinois appellate decision applied state insurance law to issues ranging from the illusory coverage doctrine and an insured's right to independent counsel, to the time to commence uninsured motorist arbitration, says Matthew Fortin at BatesCarey.

  • Opinion

    Judges Must Turn To Merits Earlier To Fix Civil Justice System

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    The U.S. justice system is long overdue for a cultural shift that encourages judges to engage with the merits of a case from the outset, which would help to cut through procedural complexities and deliver high-quality justice efficiently and at lower cost, says Steven Kayman at Rottenberg Lipman.

  • Enviro Marketing Lessons From NY Greenwashing Ruling

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    A New York state appeals court recently affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of corporate and product greenwashing, providing practical lessons for framing comparative environmental claims carefully by ensuring that environmental claims are accurate, properly qualified and presented in context, say attorneys at V&E.

  • Justices' Intel Ruling Could Aid 401(k) Alternative Asset Push

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    Following the U.S. Supreme Court's recent oral arguments in Anderson v. Intel, a decision favoring Intel over a prudence claim against fiduciaries based on underperformance by comparing two funds that aren't meaningfully similar would undercut the most common litigation theory against including alternative investments in 401(k) plans, say attorneys at Simpson Thacher.

  • FCRA Ruling Previews Future Business Transaction Litigation

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    The Ninth Circuit's overturning of a class verdict against CenturyLink is a win for businesses facing Fair Credit Reporting Act willfulness claims, but the question of when a consumer initiates a transaction remains unanswered, say attorneys at Thompson Hine.

  • How Cos. Should Prepare For Democratic Oversight

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    Companies should begin preparing now for a new, Democratic-majority Congress — understanding how the oversight landscape has changed in recent years and monitoring leadership elections, new rules and potential select committees, say attorneys at Wiley.

  • Opinion

    Justices Must Protect Enforcement In DOL Fine Power Case

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    In deciding whether the U.S. Department of Labor’s in-house court has the power to decide monetary penalties arising from H-2A violations, the U.S. Supreme Court must preserve a practical route to relief for workers and a constitutional forum for employers to contest liability, say Michelle Dromgold-Sermen, Jessica Vasquez-Luna and Julissa Barrera at George Mason University.

  • Series

    Open-Water Swimming Makes Me A Better Lawyer

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    Swimming long distances in open waters is not necessarily an escape from my intellectual property practice, but a complementary discipline that similarly rewards sustained attention, intellectual curiosity, resilience and the ability to pursue a distant objective without losing command of the immediate task, says Christina MacDougall at Morgan Lewis.

  • Conflicting Rulings Cloud NCAA Eligibility Rule

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    The NCAA's adoption of the five-to-five eligibility rule has resulted in a genuinely fractured landscape, with the qualification for members of the class of 2022 essentially dependent upon the location of the athlete and the institution rather than on the underlying facts of the case, says Andrew Hope at Buchanan Ingersoll.

  • A Lesson On How Courts Approach Impossible Patent Claims

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    The Federal Circuit's recent decision in Satius v. Samsung, concluding that a scientifically impossible patent claim lacks enablement, underscores important considerations when drafting patent claims with potentially incompatible alternatives, and highlights an uncommon strategy for attacking patent validity via claim construction, say attorneys at Buchanan Ingersoll.

  • Opinion

    The Invisible AI Danger That May Undermine Legal Profession

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    A public database tracking cases involving hallucinations generated by artificial intelligence recently surpassed 2,200 entries, but the bigger risk underlying attorneys’ use of such tools is that they will slowly surrender their judgment to AI and lose analytical skills, says Massachusetts District Court Associate Justice Brian Palmucci.

  • Full Policy Payment May Not Bar Insurer Bad Faith In 9th Circ.

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    Establishing that an insurer acted within its contractual rights likely disposes of a breach-of-contract claim, however, following the Ninth Circuit's recent ruling in Quilbillies v. First American Title Insurance, the same showing may not dispose of bad faith, says Tracy Garcia at Cozen O'Connor.

  • What Axing ERISA Exhaustion Rule Means For Plan Sponsors

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    The Eleventh Circuit’s recent reversal of a 40-year precedent requiring plaintiffs to exhaust administrative remedies before filing statutory Employee Retirement Income Security Act claims eliminates a common threshold defense in fiduciary breach suits, making it important for plan sponsors to reassess their internal review and litigation strategies, say attorneys at Nelson Mullins.

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