Appellate

  • April 20, 2026

    Wash. Justices Won't Be Asked About Reed Hein Insurer Fight

    A Washington federal judge on Monday denied two consumers' bid to certify insurance coverage questions to the Evergreen State's highest court in a lawsuit accusing insurers of failing to defend a now-defunct timeshare exit company from an unfair business practices class action that resulted in a $630 million deal. 

  • April 20, 2026

    Pa. Court Strikes Down Ban On Medicaid-Paid Abortions

    A divided Pennsylvania Commonwealth Court struck down a ban on Medicaid funding for abortions, declaring Monday that the ban violates a fundamental right to reproductive autonomy under the state's constitution and illegally discriminates on the basis of sex.

  • April 20, 2026

    COVID Not A 'Natural Disaster,' Wash. Panel Rules In Tax Case

    A Washington state appeals court declined to revive a hotel trade group's class action seeking tax relief over the governor's COVID-19 emergency declaration in 2020, ruling Monday that the pandemic doesn't qualify as a "natural disaster" under state law.

  • April 20, 2026

    11th Circ. Revives RV Defect Claims, Clarifies Fla. Lemon Law

    Florida's Lemon Law does not require drivers to prove a specific number of repair attempts or days in the shop to seek a refund for an allegedly faulty vehicle, the Eleventh Circuit ruled in a published opinion, requiring recreational vehicle manufacturer Forest River Inc. to face a buyer's lawsuit.

  • April 20, 2026

    No High Court Review In NY Nursing Home COVID Death Case

    The U.S. Supreme Court on Monday declined to review the dismissal of a civil suit against former New York Gov. Andrew Cuomo and other former state officials over COVID-19-related deaths in nursing homes that allegedly stemmed from the state's controversial early pandemic policies.

  • April 20, 2026

    Google Privacy Intervention Attempt 'Too Late,' 9th Circ. Says

    The Ninth Circuit on Monday upheld a California federal judge's decision refusing to let a group of 185 Chrome users intervene in a privacy class action accusing Google of improperly collecting and misusing data from users browsing in Incognito mode, saying the proposed intervenors were "too little, too late."

  • April 20, 2026

    Fla. Judge's Texts To State Atty Weren't Official, Panel Told

    A Florida state appellate judge urged a disciplinary panel Monday to toss ethics charges alleging coercive attempts to influence postconviction litigation in an incarcerated man's death penalty case, saying her private text messages to a Miami prosecutor weren't made in an official capacity. 

  • April 20, 2026

    Philip Morris Unfairly Gains From Label Ruling, 11th Circ. Told

    Philip Morris cannot be the only company allowed to not follow a rule requiring cigarette makers to add graphic warnings to their labels, R.J. Reynolds and a coalition of tobacco businesses have told the Eleventh Circuit, suggesting that consumers might assume its cigarettes are safer than theirs.

  • April 20, 2026

    Fed. Circ. Ends Anti-Suit Injunction Appeal In BMW Case

    The Federal Circuit on Monday granted BMW's motion to dismiss Onesta IP's appeal of an anti-suit injunction barring the company's lawsuit against BMW in Germany on U.S. patents, a ruling the automaker's counsel called "a complete and unambiguous victory."

  • April 20, 2026

    W.Va. Trucking Co.'s Facility Counts As A 'Mine,' DC Circ. Says

    A split D.C. Circuit panel ruled that a trucking company's West Virginia facility counted as a "mine" under the Federal Mine Safety and Health Act because it's within a mile of a coal plant owned by one of the trucking company's clients and is used to support the client's operations.

  • April 20, 2026

    PFAS Plaintiffs Say Midcase Appeal Would 'Derail' Litigation

    Georgia residents accusing carpet and chemicals manufacturers of contaminating their properties with forever chemicals urged a state court to reject Shaw Industries' bid to appeal the recent nondismissal of their claims, arguing the request is the carpet company's latest "attempt to derail this litigation."

  • April 20, 2026

    Gov't Hopes Court Rescues FCC Fines. Here's What Amici Say

    A rare U.S. Supreme Court showdown between the Big Three wireless carriers and their regulator takes place Tuesday, when the justices will put the Federal Communications Commission's authority to issue fines under a microscope.

  • April 20, 2026

    'Risky Proposition': 9th Circ. Skeptical Of Wash. CWA Strategy

    A Ninth Circuit panel expressed doubt Monday about Washington's bid to revive its Clean Water Act suit against the operator of the now-shuttered Buckhorn Gold Mine, with two judges asking why the state didn't object to the operator's consent decree ending an overlapping case brought by an environmental group.

  • April 20, 2026

    Ex-Newman Clerks, Judges Back High Court Suspension Fight

    A group of former clerks for Federal Circuit Judge Pauline Newman, as well as former federal judges, have urged the U.S. Supreme Court to hear the challenge to her suspension imposed by her colleagues.

  • April 20, 2026

    9th Circ. Open To Reviving FCRA Suit Against Wells Fargo

    A Ninth Circuit panel appeared open Monday to reviving a proposed class action alleging Wells Fargo violated the Fair Credit Reporting Act by pulling credit reports after fraudsters opened illegitimate accounts, with one judge expressing concerns the dismissal was "jumping the gun" and another judge criticizing the ruling as ambiguous.

  • April 20, 2026

    3rd Circ. Probes Whether Hazard 'Obvious' In Catwalk Fall Suit

    A Third Circuit panel on Monday probed whether the condition of a catwalk on a demolition site was open and obvious to a worker who fell to his death after it collapsed, and if an allegation that the catwalk catastrophically failed is enough to survive a dismissal motion.

  • April 20, 2026

    Trial Needed For School Chokehold Claims, 7th Circ. Says

    A Seventh Circuit panel determined Monday that a Wisconsin police officer must face trial to determine whether he used excessive force on a sixth-grade girl while trying to quell a fight in a school cafeteria at his second job as a security guard.

  • April 20, 2026

    She Has A Point: Fish & Richardson's Nitika Gupta Fiorella

    Fish & Richardson PC principal Nitika Gupta Fiorella is "a no-stone-unturned, always super prepared" lawyer who "epitomizes professionalism and respect," according to Finnegan Henderson Farabow Garrett & Dunner LLP partner Cora Holt.

  • April 20, 2026

    High Court SEC Case Threatens FERC Fraud Clawbacks

    Federal Energy Regulatory Commission efforts to claw back unjust profits from market frauds, a linchpin of the agency's enforcement work, face an uncertain future as the U.S. Supreme Court considers a challenge to the U.S. Securities and Exchange Commission's disgorgement powers.

  • April 20, 2026

    Google Wants Piracy Case Trimmed After Cox Ruling

    Google has asked a Manhattan federal judge to throw out a contributory infringement claim asserted by a group of textbook publishers in light of a U.S. Supreme Court decision that held that internet service providers aren't accountable for piracy committed by users.

  • April 20, 2026

    Groups Challenge BP Offshore Project Approval At 11th Circ.

    Conservation groups petitioned the Eleventh Circuit on Monday seeking to block the Trump administration's recent approval of BP's Kaskida offshore drilling project in the Gulf of Mexico, saying Kaskida is in "riskier waters" than where the Deepwater Horizon disaster occurred.

  • April 20, 2026

    Justices Won't Review Doctor's Captive Insurance Tax Fight

    The U.S. Supreme Court won't review the Internal Revenue Service's rejection of a Texas doctor's claim to $1 million in tax deductions linked to his urgent care network's captive insurance company, the court said Monday.

  • April 20, 2026

    CNN Says High Court Should Reject Dershowitz's Appeal

    CNN has urged the U.S. Supreme Court to reject a petition to revive Harvard Law School professor emeritus Alan Dershowitz's $300 million defamation suit, calling Dershowitz a "uniquely unfit petitioner to force a constitutional showdown" over the high court's First Amendment jurisprudence.

  • April 20, 2026

    Alaska Can't Dodge $2M Bill In Fishing Rights Row, Court Told

    Indigenous organizations say Alaska is responsible for the length of a dispute rejected by the U.S. Supreme Court over fishing rights in the Kuskokwim River, telling a district court that the state is trying to "foist responsibility" for millions in legal fees onto its Native citizens.

  • April 20, 2026

    Justices To Hear Catholic Preschools' Challenge To Colo. Law

    The U.S. Supreme Court agreed Monday to review two Catholic parishes' challenge to Colorado's universal preschool program, which requires that they accept students from LGBTQ+ families to receive state funding. 

Expert Analysis

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • How Specificity, Self-Dealing Are Shaping ERISA Litigation

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    Several recent cases, including the U.S. Supreme Court's forthcoming ruling in Anderson v. Intel, illustrate the competing forces shaping excessive fee litigation, with plaintiffs seeking flexibility, courts demanding specificity, fiduciaries facing increased scrutiny for conflicts of interest, and self-dealing amplifying exposure, says James Beall at Willig Williams.

  • Contract Disputes Recap: Terminations Galore

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    Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

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